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"Zen" is raised 15 million Yuan dispute

  food market, both in Guangdong and Anhui there are hundreds of "Zen" bakery, the store name is similar but the operating principal is unrelated, and the two companies met in the market, triggering a lawsuit.
recently, from Guangdong Zhongshan mining Butterfly Xuan food limited (Xia said Zhongshan mining Butterfly Xuan company) corporate representative beam or, to violations "mining Butterfly Xuan text and the figure" and "Butterfly" registered trademark dedicated right for by, a paper complaint will Anhui mining Butterfly Xuan cake Group Limited (Xia said Anhui mining Butterfly Xuan group), and Hefei mining Butterfly Xuan enterprise service limited (Xia said Hefei mining Butterfly Xuan company) and Anhui Ba Li sweet food limited v to Anhui Province Hefei intermediate people's Court, Requests the Court to order these 3 companies to immediately cease the violation of "Zen text and diagrams, Butterfly" of the right to exclusive use of registered trademarks, stop in the name of "Zen", published in the media statements of apology and compensation for the economic loss of more than 15 million Yuan.
in mid-September, Zhongshan Zen Lu Yijian beam or of the legal representative and General Manager of the company, in the name of natural persons to the 3 companies mention "human rights" lawsuit. The basis for, or Liang and Lu Yi insisted that its 30th class and 43 together hold "Zen CAIDIEXUAN", "Zen drawing" trademark. As early as January 1, 1981, Zhongshan city, Guangdong food Corporation, Chairman of beams or start "food company in Zhongshan city Zen". 1993, plaintiffs for will company to direct way, in Shiqi opened first between West bakery, then according to China traditional of love story "beam wish"--"butterflies double fly, delight room" of inspired design has "mining Butterfly Xuan CAIDIEXUAN" trademark, and Yu 1998 began in 30th class, and 42nd class Shang application registered "mining Butterfly Xuan CAIDIEXUAN and the figure" trademark, thereafter and respectively in multiple associated category application registered has "mining Butterfly Xuan" and the associated trademark. After many years of promotion, "Zen CAIDIEXUAN" trademark is already widely known, and set a very high visibility in the food industry. And above 3 home company without license, unauthorized in its store and publicity the shop of advertising Shang using "mining Butterfly Xuan CAIDIEXUAN" and "mining Butterfly Xuan graphics" as trademark, and in store of publicity manual, and bread, and pastry, and cakes, commodity Shang using "mining Butterfly Xuan CAIDIEXUAN" and "mining Butterfly Xuan graphics" trademark, while will its to enterprise font size of name highlight using,.
reported that Zen's predecessor, Zhongshan is a food company in Zhongshan city Zen, founded in 1981, in 2002 changed to Zhong Shan Zen company. After years development, the company now has became China professional production in the Western pastry food of large, its in Pearl River Delta area opened branch more than 120 more than, products cover whole Guangdong Province, the company had get China baking roast food sugar products Industrial Association of national cake shop Committee grant of "national excellent cake shop", and Guangdong Province only a "five-star cake shop", honors, 2001 "mining Butterfly Xuan" trademark was grant Guangdong Province famous trademark.
or Liang and Lu Yijian sued Hefei Zen does not agree. The company official Deng Xiaoming had previously said in an interview with associated press, Zen in Hefei company and Zhongshan Zen's trademark dispute for a long time. Both registered with "Zen" similar marks, its due to different class, there is a certain controversy on both sides. Meanwhile, according to Deng Xiaoming introduces Hefei Zen company has a history of nearly 20 years.
according to Anhui mining Butterfly Xuan Group website public information displayed, the group is by Hefei mining Butterfly Xuan company, and Anhui Ba Li sweet food limited, formed and into, name has "mining Butterfly Xuan", and "Ba Li sweet", and "card Le circle", and "mining of tea", brand, the Group was founded Yu 1992, after more than 10 years of heart business and development, now has became Anhui Province baking industry of leading enterprise, its has employees more than 3,000 over,. According to media reports earlier, Hefei Zen company already has more than 160 of its several branches, occupy the pastry market in Hefei's lead.
reporter was informed by China trademark website, beams or, Lu Yijian and Hefei Zen company has applied for registration of "Zen" similar marks. Beams or, Lu Yijian jointly hold the 30th class coffee, cake flour, starch-containing food commodities such as oil dough on the "Zen CAIDIEXUAN" trademark, the trademark application in July 1998, after renewal of the ownership period has been extended until October 2019. Also in 2005, beams or, Lu Yijian and joint 43rd class bakery, bread store and other services presented on "Zen" applications for registration of the word mark, and in 2008 were approved and registered, registration number 4502638, is now in the period of validity. Hefei Zen Corporation in April 2009 and presented at the 43rd such services "Zen" applications for registration of the word mark, but the notes appear "trademark was invalid." And the company applied for registration in class 41 education and other services on the "Zen" word mark is now in the objection period.
with respect to this case, plaintiffs who min-Jin Sheng, Anhui law firm intellectual property rights intellectual property law, told China daily reporter said in an interview, the plaintiff has been made since 1999 in connection with the related trademark and registered defensive trademark applications in different categories. For these facts, Hefei Zen all known and also related to litigation. 3 the defendant company in the absence of access to related goods or services, "Zen" case of the right to exclusive use of a registered trademark, use of the trade mark with much fanfare. Min believes that infringement infringement in the present case the facts are clear and subjective evil obvious.
and Zen contacted Hefei Deng Xiaoming, head of the company, at the time of the former, did not receive his answer. A few days ago, the case is pending, the newspaper will continue to pay close attention.