Recently, Shanghai Pudong Intellectual Property Office made a decision on an administrative complaint filed by a well-known Germany company, which was represented by NTD. The trademark infringer was punished to pay the damage of 1,000,000 RMB to the trademark owner, and all the infringing products were confiscated and destroyed.
The Case Briefs the following:
A Shanghai biotech company filed a trademark application in China through its affiliated company in Britain. As the applied trademark was similar to or identical with the trademark owned by the said well-known Germany company, the application was not allowed in China. The Shanghai biotech company used the trademark involved on its chemical fertilizer products sold in the market without permission. NTD was certificated to help the Germany company to protect its legal rights.
On the basis of the sufficient evidence of infringement, NTD filed an administrative complaint to Shanghai Pudong Intellectual Property Office (hereinafter referred to as Pudong IP Office). Pudong IP Office executed the administrative law enforcement, checking and detaining over 30 ton products.
Afterwards, NTD continued to communicate with Pudong IP Office, providing many evidences to prove the popularity of the trademark involved used for the same type of products, and requesting the mandatory protection to the trademark owner. Finally, Pudong IP Office made the above decision to adequately protect the trademark owner’s legal rights.
Meanwhile, NTD also sent a lawyer’s letter to the trademark infringer, requesting it to pay the civil compensation. The infringer tried to quibble, pretending not to know the infringement, and claiming that the trademark had been transferred. Our lawyer refuted all the above excuses on the basis of the actual facts, the provisions of law, and regulations of policy. Our lawyer also warned the infringer of the legal consequences and effects followed by the infringement. The infringer finally paid the damages and expenses to our client which also meant this protection of IP rights a complete victory.
This case is a typical trademark infringement which fully illustrates that the trademark’s protection shall be appropriate for the distinctiveness and popularity of the trademark. Our nation has been strengthening the punishment to IP infringement by significantly increasing the cost of infringement and adapting the amount of compensation to the market value of intellectual property rights. All these actions can effectively safeguard the legal interests of the rights’ owners, which can also be told by the high penalty of this case decided by Pudong IP Office.