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Gosh! German well-known trademarks were squatted in China
2017-06-17

     1400 pairs of men's boots, he total value is more than 180,000 yuan.... Recently, Yangzhou Customs routine inspects to a group of men's boots exported to Germany, found that the possibility of infringement of intellectual property rights, so decided to temporarily detain the goods.

   Originally, this is a common infringement of intellectual property rights case, but the results have peaked. Gaoyou shoe factory commissioned by the German manufacturer of these men's shoes and exported to Germany, while the domestic trademark has been registered by others, and the trademark has entered the judicial response, the opposition review ruling has not yet entered into force, involved in the legal effect of trademark disputes. Yangzhou Customs can not determine whether it is infringement, and return these men's shoes back to Gaoyou shoe factory.

   There is a cause.

Yangzhou Customs seized 1400 pairs of German men's boots.

    Recently, Yangzhou Customs routine inspects to a group of men's boots exported to Germany, found that the possibility of infringement of intellectual property rights, so decided to temporarily detain the 1400 pairs of men's boots, the total value is more than 180,000 yuan. “We Customs found that the brand of these shoes is the same to other brands registered trademarks, so we suspect that these shoes may be violations of intellectual property rights.”

    A person in charge of Yangzhou Customs introduced, they contact the trademark owner for the first time, asked whether they authorized Gaoyou shoe factory to product and export to Germany.

    This reporter learned that the owner of the trademark Yangzhou City, take the initiative to ask the Customs and Excise Department to deduct these men shoes temporarily, and paid a deposit of 100,000 yuan.

It is reported that these men's shoes is the German "MIL-TEC" brand, and it has a large reputation in the local, the local price of a pair of shoes is equivalent to 800-900 yuan.

Turn round

Manufacturers commissioned the production

Trademark was registered by others.

   Originally, this is a common intellectual property infringement case, but the real situation of the case is dumbfounding. It is learned that when Yangzhou Customs temporarily detained these e men's shoes, Gaoyou shoe factory believed that they are not infringing, and collect a large number of evidence to prove that they do not exist the fact of infringement.

   "Verification, we can determine the material Gaoyou shoe factory submit is real and effective, the customs record trademark owners is not false."

    This official told reporters that the original Gaoyou shoe factory production and export of the "MIL-TEC" men's boots are commissioned by the German manufacturers, Gaoyou shoe is on behalf of the processing, while the German manufacturers are part of sales. And this trademark owner does registered the trademark.

    In the end which side can stand? Though investigation, the brand "MIL-TEC" does registered in Germany, but manufacturers are not registered in the country, so the domestic trademark owners registered in the country.

    It is understood that the current German manufacturers have applied to the the court and the State Trademark Bureau to revoke the trademark ownership, the incident is being processed.

    Customs: can not identify infringement, "release goods"

    In order to avoid large loss for long-term storage of goods, in August 31, after the multi-communication, the trademark owner to take the initiative to "release goods", the shoe returned to Gaoyou this shoe. "This can not determine whether these shoes infringe intellectual property rights, as long as the right to apply, we should only release the goods." The official said, Gaoyou shoe factory now increased the number of men shoes, and continue to declare exports of Germany.

    The handling of Yangzhou Customs to this case, Gaoyou shoes company expressed their thanks, and ready to claim to the domestic trademark owners through civil proceedings for his losses caused by customs protection..

  • leo@chessionlaw.com
  • mike@chessionlaw.com
  • Zhejiang Chession Law Firm, 19th floor of Dingsheng Building,9# of Xuehai Road, Linping, Yuhang, Hangzhou, Zhejiang, China.

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