Security Industry Enterprises' Brand Construction and Trade Infringement

The market competition is firstly the competition of products, and the brand is of great significance to improving the competitiveness of products. Well-known brands mean high added value, high profits, and high market share. Whether a country, a region, or an enterprise has its own strong brands and well-known brands is a sign of its economic strength and level of technological development. Creating, nurturing and developing well-known brands has become a long-term development strategy for enterprises, governments and even countries. In our security industry, brand building has attracted the attention of industry associations, numerous companies, and industry media. The company's trademark is also an important aspect of corporate brand building, but there are still many security companies, and even more well-known security companies do not pay enough attention to the role of trademarks. Recently, HC Security published an article titled "The dispute over the trademark dispute between Li Yan and Li Zhen, which is really difficult to distinguish between Li and Li," and attracted my attention.

The infrared camera of Nanjing Zhengu Optoelectronics Technology Co., Ltd. has a certain influence, and recently on its website can see the name of “China Ya’an Mingjing Stock Group Co., Ltd.”. On the left side of the company name, you can see "Bright Scenery" and "Asian Security" and two other trademarks. Inquired on the “China Trademark Network” of the Trademark Office of the State Administration for Industry and Commerce, the registered registrants of the other two companies “Zhengu” and “Chenyu Optics Valley” applied for “Asian Security” in October 2005. "Bright Scene" these two trademarks, the international classification of the two trademarks include cameras, computer peripherals, attendance machines, burglar alarms, etc. Category 9, trademark exclusive rights period from September 21, 2008 to On September 20, 2018, the two trademarks "Yaan" and "Bright Scene" are still in the "objection" process. The two Yaan trademarks registered by Tianjin Yaan Technology Electronics Co., Ltd. were applied for in June 2009 with an international classification number of 37. Changzhou Mingjing Electronics Co., Ltd. was established in August 2008. Each of the 37 and 9 categories applied for a trademark. It now appears that this trademark dispute is inevitable.

The dispute over the trademark “ALEPH and ALEPH” that began in China's security industry 8 years ago and has caused a great deal of influence has not yet come to an end. Let us recall the process of its occurrence and development is still very inspiring.

Japan's Ai Li Fu Co., Ltd. is a relatively influential old company in the international security industry. In May 1991, Ai Lifu of Japan explored the Chinese mainland market. At that time, Xinan Town, Bao’an County, Shenzhen was established. Gu'an Aifu Electronics Factory, Xin'an Town, Bao’an County, which is the “ALEPH” and “Ai Lifu” trade name and trademark The first use of the text in the Chinese mainland, in March 1994, Guye Ai Lifu Electronics Factory began production and marketing of related security products in China. Japan's Aleris International Group has invested 150 million U.S. dollars in Shenzhen and Suzhou and established large-scale factories, making it a major production base for global business in mainland China. Although Japan’s Aleppo “ALEPH” English and graphic marks have been applied for and registered in Japan, the United States, Germany, France, Italy, Korea, Singapore, Australia, China Taiwan, and Hong Kong, but have not been in China for a long time. Mainland applications for registration of trademarks.

The time when the controversial trademark “Alephre ALEPH and Map” (No. 1060011) completed its power in China was September 6, 1997. The original registrant of this trademark was a company named Hainan Ai Lifu Industrial Co., Ltd. After several changes, in October 2000 Hainan Ai Lifu Industrial Co., Ltd. first transferred the trademark to Shanghai Teng'an Science and Technology Development Co., Ltd., and in March 2002, Shanghai Teng'an Science and Technology Development Co., Ltd. transferred the disputed trademark to Shanghai Arctic Sunbeam Technology Co., Ltd. On October 20, 2004, Shanghai Arctic Xinguang Technology Co., Ltd. filed an application to the Trademark Office of the State Administration for Industry and Commerce to transfer the trademark No.1060011 to Shanghai Wenpu Intelligent Technology Co., Ltd. Wu Jiangang, and on November 22 of the same year, the dispute occurred. The trademark was officially changed to Wu Jiangang.

A few years after entering the Chinese market, Ai Lifu of Japan found that it was unable to obtain the registration license for the “Aleph Riche ALEPH” trademark because of the prior existence of the disputed trademark. Without a registered trademark, all its related business activities will be constrained. On the one hand, the disputed trademark restricts the development of Japan’s Elie’s in the Chinese market. On the other hand, if the disputed trademark cannot be revoked through legal means, its “ALEPH” cannot be registered, it will definitely mean that Japan’s Alipoint is in the Chinese market. The use of the security product "Ai Lifu ALEPH" for trademark infringement is a trademark infringement. When it has to play the role of 'Li Gui', it will also face the claims of the trademark rights holders and may eventually lose or partially lose the Chinese market.

Established in June 2001, Ai Lifu Electronics (Shenzhen) Co., Ltd. is Hong Kong Ai Lifu Co., Ltd., a sole proprietorship in Mainland China, and Hong Kong Ai Lifu, established in 1982, is Japan Ai Lifu in Hong Kong, China. Established subsidiary. On May 21, 2002, Ai Lifu Electronics (Shenzhen) Co., Ltd. filed a dispute with the Trademark Review and Adjudication Board of the Trademark Office of the State Administration for Industry and Commerce on the disputed trademark No. 1060011 "Ai Lifu ALEPH and Graphics" and requested that it be revoked. The trademark.

In response to the trademark dispute, on August 20, 2007, the Trademark Review and Adjudication Board issued a ruling based on the “Victoria Dispute Resolution No. 1060011 “Ai Lifu ALEPH and Maps” Dispute Resolution No. 5653 No. 10,611, submitted by Shenzhen Ai Lifu. The evidence was not sufficient to prove that the respondent Wu Jiangang had malicious registration and infringement of the prior rights. He rejected the applicant's application for revocation of the disputed trademark “Ai Lifu ALEPH and Map” No. 1060011. On March 24, 2008, Japan's Ai Li Fu Co., Ltd. went to the front desk and provided new evidence to submit the disputed application for revocation of No. 106001 to the Trademark Review and Adjudication Board again. On March 25, 2008, the plaintiff Ai Lifu Electronics (Shenzhen) Co., Ltd. disagreed with the adjudication of No. 5653 issued by the Trademark Review and Adjudication Board on August 20, 2007, and filed an administrative lawsuit with the Beijing No. 1 Intermediate People’s Court to request the court to rescind the business. Judge No. 5653 ruled that the third person, Wu Jiangang No. 1060011 "Ai Lifu ALEPH and Map" was revoked. The TRAB argued that the No. 5653 ruling determined that the facts were clear and that the law was correct and should be maintained. The court was requested to dismiss the lawsuit of Ai Lifu Company in accordance with law and maintain the 5653 ruling. The third person, Wu Jiangang, stated that Ai Lifu Company did not enjoy any prior rights to the "Alephre ALEPH and Graphics". The registration of the original right holder and the third party's transfer of the disputed trademark were legal acts. No. 1060011 The right to exclusive use of a trademark shall be protected by law. The verdict of No. 5653 is clear and the applicable law is correct.

At the beginning of 2009, the Beijing No.1 Intermediate People's Court issued the Administrative Judgment No. 469 (2008) No. 469, Zhongxing Chuzi, and revoked the defendant’s review letter No. 5653 No. 1060011 issued by the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce. "Alibaba's ALEPH and Map" Dispute Settlement Dispute, at the same time, ruled that the Trademark Review and Adjudication Board made a new decision on Dispute No. 1060011. However, the Trademark Review Committee of the State Administration for Industry and Commerce and the right holder of the disputed trademark, Wu Jiangang, immediately appealed to the Beijing Higher People’s Court. On July 8, 2009, the Higher People's Court of Beijing issued an administrative judgment, confirming that the Beijing Triumphant Intermediate People's Court No. 469 found that the facts were clear and the law was correct. The Beijing No. Administrative Judgment No. 469.

I inquired on the "China Trademark Network" of the Trademark Office of the State Administration for Industry and Commerce. No. 1060011 "Ai Lifu ALEPH and Map" registered trademark is still the 9th category of 0920 sub-category electronic anti-theft devices and burglar alarm products. Effective trademark. It seems that after nearly 8 years, the dispute over the trademark "ALEPHE ALEPH" has not yet settled. Because the name of the company is different from the trademark, registration is relatively easy. There are a large number of security companies named after “Ai Lifu” in China, such as Ai Li Fu Electronics (Shenzhen) Co., Ltd., Ai Li Fu Security Equipment Co., Ltd., Shenzhen Ai Li Fu Industrial Co., Ltd., Shenzhen Ai Li Fu Technology Development Co., Ltd., Shenzhen Ai Li Fu Electronics Co., Ltd., Guangzhou Ai Li Fu Co., Ltd., Beijing Songchuan Ai Li Fu Technology Development Co., Ltd., Chengdu Songchuan Ai Li Fu Technology Development Co., Ltd., etc. And so on, causing some confusion to the market.

The "Alleviation ALEPH and Map" trademark dispute in the security industry gives us the following points of enlightenment; 1. The brand is of great significance to improve product competitiveness, but many companies do not pay enough attention to it. If trademark rights disputes occur, Both companies will have a great impact. 2. The dispute over trademark rights generally lasts a long time and consumes a lot of energy. 3, companies should strengthen the awareness of trademark rights, even if the application for registration of a corporate trademark, but also learn to protect their legitimate rights and interests.