Trademark disputes affect geometry? OPPLE lighting response

Had two crashed out of the IPO of OPPLE lighting in March this year finally saw the "dawn", the Commission announced that the OPPLE lighting applications by IPO.

However, IPO will still warm, OPPLE lighting will be involved in the whirlpool of IP, because of its alleged infringement on the switch socket, wiring board and other electrical products use of the trademark, and was sued to Beijing Chaoyang District court, and asked for compensation of 50 million yuan.

May 16th, reporter learned from OPPLE lighting related professionals, the lawsuit has now entered the trial stage, but has not yet concluded, "at present the company has no effect; and we are confident that this action will have a fair and righteous judgment results, the results will not have a negative impact on the company. "

However, judging from the lawsuit, OPPLE lighting is missing some of the product trademark protection, Hunan Wen Sheng Law Firm lawyer Liu Kai said that the enterprise should be ahead of the layout on the issue of trademark.

OPPLE was OUPU claims 50 million

March 9th, China Securities Regulatory Commission released the results of the audit announcement shows that OPPLE lighting first pass. This is the first time since the impact of IPO in 2013, the domestic lighting giant third times to declare IPO, the process can be described as difficult.

Unexpectedly, after the OPPLE lighting has not yet officially listed, they encounter trouble. According to the Legal Evening News reported that, for OPPLE lighting in switch socket, wiring board, electrical goods packaging, business promotion, marketing and other business activities in the use of "OPPLE" trademark infringement of their trademark rights, Mr. Wang and other three people will OPPLE lighting to court to immediately stop the infringement.

The reporter learned that Mr. Wang and others who hold a trademark name for "OPPLE OUPU", the ninth categories for the trademark, namely "cable; telephone lines; wires; power supply; electrical connections; electric coils; electric connectors; CABLES; plugs; vacuum tubes (radio); (electric sockets and other contacts joint", No. 1423367th).

Reporters from the State Administration for Industry and commerce website found that the trademark was first registered in January 1999, approved in July 2000, valid until July 20, 2020. In 2002 and in 2010 the trademark transfer, the current application for Wang Shaoye and Zhang Wen.

Mr. Wang believes that although the enterprise name called "OPPLE lighting", but it only has the "OPPLE" trademark in the lamp products, switch socket, wiring board, the electrical products of the "OPPLE" trademark rights do not belong to the OPPLE lighting.

On the other hand, OPPLE lighting said that its products for use in the "OPPLE OPPLE" OPPLE lighting lighting "," just told their corporate name, not a trademark, and English "OPPLE" and "OUPU" are not the same, will not cause consumer confusion, mistake, therefore does not constitute trademark infringement.

In addition, OPPLE lighting in the reply to the reporter also said that OPPLE lighting in the ninth category also has OPPLE English, graphic trademarks, OPPLE trademark and other words.

Lawyers said the early layout of the trademark is very important

It is worth noting that OPPLE lighting listed for the preparation of the prospectus, but also became the plaintiff listed OPPLE lighting infringement amount of evidence.

According to the prospectus, 2013, OPPLE lighting "lighting control and other operating income of 492 million yuan, of which the electrical products accounted for 45.85%, gross margin of 52.02%, 2014" lighting control and other operating income of 677 million yuan, of which the electrical products accounted for 37.86%, gross margin of 50.66%.

Accordingly, the aforementioned Mr. Wang and other three people believe that the benefits of infringement of OPPLE lighting (two years) more than 50 million yuan, therefore, the loss of economic losses of $50 million.

In fact, OPPLE lighting prospectus also disclosed that OPPLE as early as 2007, it was identified as China's well-known trademark, the company as of the end of 2014 a total of 85 domestic trademarks, foreign trademark of the 112.

In addition, according to the relevant sources of OPPLE lighting, OPPLE lighting not only hired a professional agency to trademark monitoring, through administrative, civil and criminal judicial means to safeguard their rights, trademark counterfeiting case "in 2015, more than 360, average every day there are rights cases. "

Unfortunately, even so, OPPLE lighting is still unable to avoid trouble. "(this) trademark ahead of the layout is very important," the lawyer said Liu Kai, China's trademark protection to implement the application principle, therefore, enterprises in business development, to the strategic level on trademark protection in the development of the company, in the company's future may be related to the product and service brand ahead of the layout.

According to Liu Kai introduction, trademark protection should be combined with the actual situation, from the point of view of reasonable use and protection as far as possible to consider. "35 years will be involved in products, service marks, must be registered protection. In addition, in the case of sufficient funding, through the whole class registered trademark protection, prevent malicious cybersquatting, ride, even in the face of tort litigation. In addition, involving foreign operations, should also be in advance in the relevant countries and regions, the layout of the trademark. "

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