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Foreign Brand Warning News

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

The total value of 1400 pairs of mens boots is more than RMB180,000. Recently, when Yangzhou Customs had a routine inspection on a group of men's boots exported to Germany, they found that the possibility of infringement of intellectual property rights, so they decided to temporarily detain the goods.

 Originally, this is a common infringement of intellectual property right cases, but the results have peaked. Gaoyou shoe factory was commissioned by the German manufacturer to export these shoes to Germany. While the domestic trademark has been registered by others and has entered the judicial response, the opposition review ruling has not yet entered into force, which involved in the legal effect of trademark disputes. Yangzhou Customs can not determine whether it is infringement,so 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 had a routine inspection on a group of men's boots exported to Germany, they found that the possibility of infringement of intellectual property rights, so they decided to temporarily detain the goods, the total value is more than CNY 180,000.  “We Customs found that the brand of these shoes is the same as other brands registered trademarks, so we suspected that these shoes may be violations of intellectual property rights.”

The people in charge of Yangzhou Customs introduced that they had contacted the trademark owner first time, asking whether they had authorized Gaoyou shoe factory to produce and export  goods to Germany. 

This reporter learned that the owner of the trademark Yangzhou City had took the initiative to ask the Customs and Excise Department to deduct these men shoes temporarily and paid a deposit of CNY100,000 . 

It is reported that these men's shoes is the German "MIL-TEC" brand, and it has a good reputation in the local, a pair of shoes in the local is equivalent to CNY800-900.

Turn round

Manufacturers commissioned the production

Trademark was registered by others.

Originally, this was a common intellectual property infringement case, but the real situation of the case was dumbfounding. It was learned that when Yangzhou Customs temporarily detained these men's shoes, Gaoyou shoe factory believed that they were not infringing, and collecting a lot of evidence to prove that they did not exist the fact of infringement

"Through verification, we can determine the material Gaoyou shoe factory submitted is real and effective, the customs record of trademark owners is not false."

This official told reporters that the original production and export of Gaoyou shoe factory of the "MIL-TEC" men's boots were commissioned by the German manufacturers, Gaoyou shoe was on behalf of the processing, while the German manufacturers were wholesaler. And this trademark owner did register this trademark.

In the end which side can stand? Through investigating, the brand "MIL-TEC" was registered in Germany, but manufacturers did not register in the country, so the domestic trademark owners registered in the country.

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

Customs: can not identify infringement, "release goods"

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

Gaoyou shoes company expressed their thanks to Yangzhou Customs about the handling of this case, and is 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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