Unilever holds on to the Pond's trademark

Recently, the first instance judgment of a Middle court supported the lawsuit request of Unilever Limited.

Unilever

The trademark was copied maliciously

In May 2003, a citizen surnamed Shi filed an application for registration as an individual, applying for the designated use of the "POND"S Pond trademark in Class 5 tonics, rheumatism oil, infant milk powder, air freshener, pest insecticide, sanitary napkins, disinfectant tissues, anti-rheumatism rings, sanitary pads, and dental polish products, and was approved by the commercial judge.

Unilever company on the business judge approved Shi Mou trademark prosecution, that the company has registered the "POND /POND"S" before, and constitute a well-known trademark in China, Shi Mou a large number of malicious copy of Unilever and others well-known trademarks, and apply for registered trademarks, is a typical "brand-name" malicious squatting behavior, Shi Mou's behavior will cause adverse social impact. Therefore, Sue the business judge, request the court to revoke the decision of the business judge.

The business judge argued that the ruling made by the committee was based on sufficient basis, the facts were clear, the application of the law was correct, and it was in line with legal procedures, and requested the court to maintain it.

court

"Pond's" is the first registered and well-known

The first Intermediate Court held that Unilever's "Pan's" trademark had been advertised in facial cosmetics and other commodities since 1994 before Shi applied for trademark registration, and had been used for many years, and the areas of publicity or use involved Wuxi, Guangxi, Shanghai, Gansu, Shanxi, Heilongjiang, Xi 'an, Xinjiang, Chongqing and Beijing and other places. Pond's trademark has become a well-known trademark in facial cosmetics and other commodities.

At the same time, the court held that the trademark "POND"S applied by Shi was composed of the Chinese" POND" and the English "POND"S, which completely included the Pond's trademark registered by Unilever, and the two constituted similar trademarks. Facial cosmetics and other products are daily cosmetics, the relevant public is the general public, Pond's trademark has been widely known by the general public. The registered trademark of Shi is designated for infant milk powder, sanitary napkins and other commodities, which are similar to the products approved by Pond's trademark in sales channels and consumption objects.

In the end, a middle court made a judgment and revoked the ruling of the business judges