Quanzhou Shoe And Garment Cluster Finally Wins The Battle Of Trademark "Three Bars"

< p > < strong > > the Supreme Court ruled that Adidas should not register "three bars" in China. < a href= "//www.sjfzxm.com/" target= "_blank" > clothing > /a > Graphic trademark < /strong > /p >
< p > < strong > this is the first industry association in China to fight against Transnational Corporations' /strong < /p > for the interests of the whole industry.
< p > < strong > in the future, domestic a href= "//www.sjfzxm.com/" target= "_blank" > shoes < /a > clothing enterprises use "three bars" pattern decorative sportswear no longer have the risk of infringement.
< p > "finally won the lawsuit. The use of the" three bars "pattern can not be regarded as infringement. Recently, Mr. Ding, chairman of the Quanzhou footwear industry association met with a lawyer from Shanghai in the chamber of Commerce. He was very impressed by the thick document of the "three bar" trademark objection review case. < /p >
The dispute over the "three bars" that lasted for more than 5 years ended in January 9th, when lawyers received the ruling of the Supreme Court. It was determined that the "three bar" pattern was a common fashion decoration figure in China, and it did not have the notable significance and recognition function of the registered trademark. It could not be obtained by any enterprise from the "trademark of the three bar" graphics exclusive of the right to exclude the use of other people. Therefore, Adidas should not be authorized to register the trademark "three bar" on the clothing by P. The case was successful, so that the leading Quanzhou footwear industry association and Jinjiang a href= "//www.sjfzxm.com/" target= "_blank" > textile "/a" clothing association responsible person has breathed a sigh of relief. They all said that this is a great victory for Quanzhou shoe and clothing cluster. < /p >
< p > < strong > "three bars" from the industry general < /strong > < /p >.
< p > "we received the verdict from the Supreme Court in January 9th. The ruling rejected Adidas's retrial request, which means that the administrative judgment of the Beijing intermediate people's court and the Beijing High Court has been maintained. Su Heqin, a lawyer in charge of this case and partner of Feng Ze law firm in Kyushu, told reporters that the State Trademark Office will not approve the "three bars" graphic trademark of Adidas's registered jacket and trousers. < /p >
< p > Su Heqin said that Adidas has been in the world for "three bars to compete for hegemony" for a long time. But whether the "three bars" on sportswear are general graphics or exclusive patterns of Adidas is still controversial. In recent years, many Chinese enterprises have been involved in litigation with Adidas on the issue of "three bars". However, the Supreme People's court's judgment is a final word. It is recognized that "three bars" and other styles are often used by Chinese garment enterprises. They are common sports apparel designs in the Chinese market and can not be Adidas's intellectual property rights, which is a protection for the whole industry. < /p >
Mr. P said with pleasure that this is definitely a good thing for the shoe and clothing industry in Quanzhou. "In the past, some shoes and clothing enterprises used the logo of" two bars "and" three bars "in clothing design, all of which were labeled" a href= "//www.sjfzxm.com/" target= "_blank" hat "/a", and this victory was finally "leveled up" for these enterprises, which made these enterprises feel proud and elated. He said. < /p >
< p > Mr. Ding believes that for the sports industry, the "three bars" is a symbol of normal use, and it is also a clear sign that sports apparel is different from other garments. If registered by Adidas, the innovative elements of sportswear will undoubtedly be reduced, and the aesthetic degree of some costume design will also be weakened. "The size of the footwear industry in Quanzhou is large. Once registered by Adidas in China, many enterprises will be affected, which will impede the design of sportswear. If you want to use the bar design again, there will be a legal risk of trademark infringement, which is unfair to most enterprises. This is also an important reason for the joint action of the Quanzhou Footwear Association and the Jinjiang textile and Garment Association in this lawsuit. < /p >
< p > < strong > a lawsuit lasted for more than 5 years < /strong > < /p >.
< p > Su and Qin briefed reporters on the whole story of the struggle between the three bars. < /p >
< p > things need to start in 2002. In September 13th of that year, Adidas applied to the State Administration for Industry and Commerce Trademark Office to apply for the registration of "three bar" trademarks, designated to be used in twenty-fifth categories of clothing. In May 7, 2007, the Trademark Office approved the "three bars" trademark preliminary notice. "At that time, the application process may be relatively slow, but this announcement was discovered by shoes and clothing enterprises in Quanzhou. If the trademark is registered successfully, it means that Chinese clothing enterprises can not use three bars in the side of the garment. To this end, the Jinjiang textile and Garment Association and Quanzhou footwear industry association have submitted an objection application to the State Trademark Bureau and the business jury. < /p >
< p > from 2007 to 2010, the results of several objections to the hearing were: the trademark was approved for registration. The reason for the ruling was that the three vertical bars had established corresponding relationship with Adidas after long-term use. "Disputed trademarks (three bars) contain general graphics for specifying the use of commodities, which are not significant, and are likely to cause confusion in the market. Adidas's move is a malicious registration of monopolistic market, which is prohibited by law. In reply, Quanzhou shoes and clothing enterprises expressed incomprehensible comments to the judges, and then filed administrative proceedings against Beijing first intermediate people's court in May 2010. < /p >
< p > in the first intermediate people's Court of Beijing, the trade association representing Quanzhou shoe and clothing cluster showed new evidence: as early as 80s of last century, Tianjin knitted sports clothing factory used "three bars" and "two bars". The Chinese clothing association also offered a helping hand to prove that the design of a bar, two bars, three bars and five bars on the sides of the sleeves and trousers of the sleeves is a fashion decoration commonly used by Chinese clothing enterprises, and it is a common decorative pattern of sportswear in the Chinese market. Accordingly, the court overturned the ruling of the business jury. However, the business jury and Adidas refused to accept this ruling, and once again reported to the Beijing high court. The results were released in March 2011, and the Beijing High Court upheld the original judgment. < /p >
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< p > May 30, 2012, the business commenter made a new objection review according to the effective administrative judgment, ruled that Adidas did not approve the "three bar" graphic trademark of the registered jacket and trousers. In July and September last year, Adidas filed appeals and retrial applications to the Beijing intermediate people's court and the Supreme People's court respectively, but all of them failed. "The final result is that the Supreme People's court rejected Adidas's request for retrial, declaring the dispute between the three bars and ending it with China's victory." Su Heqin said. < /p >
< p > the Secretary General of the Quanzhou footwear industry association, Mr. Cheng, said that for the two other "three bar" graphic trademarks approved by Adidas through the way of international registration, the Quanzhou Footwear Association has submitted an application for cancellation of registration to the business jury. Although the business jury is still in the process of evaluation, according to the above opinions of the Supreme People's court, the guild is confident to see that the other two "three bar" graphic registered trademarks of Adidas are cancelled. < /p >
< p > < strong > set up a trade union's right protection model < /strong > /p >
< p > Su Heqin believes that the purpose of Adidas's attempt to register the objection trademark in China is not merely to prohibit the design of the "three bars" in the position of the sleeves of the jacket, but the purpose is obviously to prohibit any other enterprises in any part of the garment from appearing on the basis of the "same or similar trademark", so that any length and size of the "three bars" pattern will be prohibited. This will certainly expand the scope of protection of the trademark without restriction. < /p >
< p > "Adidas has been registered all over the world to apply for the" three bars "trademark for a long time. The" three bar "trademark has been registered in over 140 countries and regions around the world. This is also the reason for the infringement of some enterprises' defendants. It is Adidas who has used the internationally registered trademark to be used in China. However, its trademark "three bars" on the Chinese registered jacket and trousers has always been controversial, so this decision is of great significance. Su Heqin said that if Adidas's trademark was registered in China, it would become an exclusive monopoly trademark logo in the public domain. In China's clothing market, the "three bars" pattern on clothing is a common style design of sportswear, and does not have the trademark recognition effect. < /p >
< p > "this is the first industry association in China to jointly defend against the collective interests of enterprises in the industry and jointly fight against transnational corporations and has achieved success. This also shows that the way of safeguarding the rights of domestic enterprises has developed from a single fight to form industry alliances and trade associations." the Association's collective rights protection will be adopted by more and more enterprises, and the association will also play an important role in protecting intellectual property rights. " < /p >
< p > it is learnt that trade associations have paid more and more attention to safeguarding their rights. The China Textile Industry Association has formulated an outline for the development of intellectual property rights, while the China Apparel Association held a special rights protection working conference in December 2010. "Intellectual property rights protection and safeguarding the interests of the whole industry are becoming an important function of the a href=" //www.sjfzxm.com/news/index_c.asp "clothing industry < /a > Association. Quanzhou related industry executives said. < /p >