China’s LED display enterprises are basically “grassroots”. In the early stage of the industry development, no display enterprise’s trademark has brand value.
Recently, Zhouming Technology issued a circular statement on the trademark counterfeiting incident: on December 12, 2019, a photoelectric company in Jinhua City, Zhejiang Province, was detained by the Wucheng District branch of Jinhua Public Security Bureau for suspected sales of LED electronic display screens with counterfeit “Zhouming” and “unilumin” trademarks.
Article 214 of the criminal law of the people’s Republic of China stipulates: “Whoever knowingly sells commodities with counterfeit registered trademarks and whose sales amount is relatively large shall be sentenced to fixed-term imprisonment of not more than three years or criminal detention and shall also, or shall only, be fined; if the amount of sales is huge, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than seven years and shall also be fined.” After Jin, the company’s person in charge, was detained in criminal cases, he would face severe punishment from the law.
Trademark is a mark used to distinguish one operator’s brand or service from other operators’ goods or services. It includes text trademark, graphic trademark, letter trademark, digital trademark, three-dimensional logo trademark, etc. in the market competition environment, trademark represents the quality of goods, highlights the reputation of goods, and is a powerful tool to enhance market competition. Because trademarks can increase the influence of products and enhance the value of products, while well-known trademarks can create greater value and bring great economic benefits to business operators. Therefore, in modern business activities, infringement or misappropriation of famous trademarks by touching porcelain and pretending to be famous brands are common in all walks of life.
This time, Zhouming technology trademark was counterfeited because of its influence in the industry. Unilumin was founded in 2004. After so many years of development, unilumin has become a leading supplier of LED application products and solutions in China, and has accumulated a very good reputation in the industry. Its trademark has been registered in more than 170 countries or regions, including China, with good brand value.
In fact, this is not the first time that African Ming’s trademark has been infringed. In March last year, Zhouming’s trademark merchants also infringed. On March 27, 2019, the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce made a final decision on the case of malicious trademark infringement of Zhouming company. According to the third paragraph of Article 13 of the Trademark Law of the people’s Republic of China, “application for different or different similar goods is required If a registered trademark is a reproduction, imitation or translation of a well-known trademark already registered in China, which misleads the public and causes possible damage to the interests of the registrant of such well-known trademark, the trademark shall not be registered and prohibited to be used “, which nullifies the trademark” Zhouming unilumin “used by the infringer.
The difference is that the last time the infringer used Zhouming’s trademark in class 43 cafes and other services, but because the Chinese and English language trademarks are exactly the same as Zhouming’s, which violates the trademark law. This time, Zhouming’s trademark was impersonated by enterprises in the LED electronic display screen industry. It can be said that the LED display enterprises have expanded the protection of Zhouming’s “well-known trademark in China” It is the first time in the industry to be detained for trademark infringement.
China’s LED display enterprises are basically “grassroots”. In the early stage of the industry development, no display enterprise’s trademark has brand value. However, after years of development, a number of influential enterprises in the world have been born in the industry, and brand trademarks have naturally been born. In the current situation of increasingly fierce competition in the industry, the leading enterprises in the industry have great advantages in the competition with strong R & D, scale and brand influence, while some small and medium-sized enterprises are at a disadvantage in all aspects. In the face of the cruel market competition, some enterprise operators have played this illegal means of using other enterprise brand trademarks. This kind of behavior, from a small point of view, damages the interests of the infringed trademark enterprises, but the greater harm may cause harm to the entire industrial ecology, and cause confusion to consumers’ understanding of LED display products. When fake and shoddy products are prevalent, the ultimate harm is the interests of the whole industry.
Although trademark infringement occurs from time to time, the vast majority of LED electronic displays are often powerless for infringement. Zhouming’s ability to protect its rights quickly benefits from its “China famous trademark” certification. It is understood that China’s well-known trademark is a symbol of the highest degree of protection of trademark rights and interests. It is not limited to the same or similar goods or services. When the registration or use of different or different goods may cause damage to the interests of the registrant of a well-known trademark, it will not be registered and prohibited to use. Therefore, the essence of well-known trademark is a kind of legal concept, and its fundamental significance lies in providing a powerful means of safeguarding rights for enterprises.
In the early stage of the development of LED electronic display screen industry, due to the LED display screen is mainly used in engineering projects, enterprises generally do not pay enough attention to trademarks. This time, Zhou Mingyong “said no” to the infringement, and actively took up legal weapons to safeguard their own interests, which set a good example for the industry and has great significance. It makes more enterprises in the industry realize the importance of trademarks and understand the value of trademarks. It provides a good precedent for the rights protection of LED electronic display enterprises in the future, and helps to standardize the development of the industry in the future.