Beer company maliciously recycles opponent beer bottles

According to insiders, a beer company has a limited number of beer bottles in one region. If the number of beer bottles in a company is drastically reduced, the terminal will have difficulty in picking up the goods due to insufficient beer bottles, which will affect the final sales of beer. A large number of competitors' beer bottles have been purchased, resulting in opponents having bottled and unbleached bottles and difficult supplies. In order to safeguard the legitimate rights and interests of consumers, protect the legitimate interests of enterprises. Recently, the Chengde City Bureau of Industry and Commerce issued a notice requiring all county-level industrial and commercial bureaus to organize law enforcement officers to conduct immediate market inspections, protect the exclusive right to use “Qingdao” and “TSINGTAO” registered trademarks, and impose a fine of 20,000 yuan on “Snowflake”.

On August 16th, law enforcement officers of the Chengde City Industrial and Commercial Bureau inspected the Xieroudaozizi Village warehouse located in a batch of shops in Shuangqiao District and found that the snow beers they used were doped with Tsingtao beer bottles. Through random sampling, the Tsingtao Brewery bottles in the inventories accounted for about 20% of the total bottles, Tsingtao Brewery bottles in the inventories bottles accounted for about 20%, its behavior has been suspected of trademark infringement, and law enforcement officers immediately used snowflakes from Qingdao bottles. Beer is detained.

According to reports from Tsingtao Brewery Co., Ltd., the Snow Beer produced by China Resources Snow Beer (Beijing) Co., Ltd. in the Chengde market currently uses the company's unique beer bottles (the bottleneck is registered trademarks of "Qingdao Beer" and "TSINGTAO"). Even if buyers mistakenly believe that there is a certain link between the two companies, and because Snow Beer reclaims and reuses the company’s unique beer bottles, it seriously affects the company’s use of beer bottles and damages the reputation of its products. And normal production and business activities.

Law enforcement officials have determined that the beer bottles used by Tsingtao Brewery Co., Ltd. with registered trademarks of “Qingdao” and “TSINGTAO” are not just containers for beer, but are closely linked with Tsingtao Brewery. The specially-designed "Qingdao" and "TSINGTAO" trademark words on the bottleneck are not only special marks for distinguishing Tsingtao Beer from other beer, but also an important part of the beer's packaging and decoration. The party's unauthorized use of bottles labeled with "Tsingtao Beer" and "TSINGTAO" registered trademarks not only mislead consumers but also damage the legitimate interests of Tsingtao beer trademark registrants.

According to the introduction of business law enforcement officers, the parties’ conduct violated Article 52(5) of the “Trademark Law”: the “Give others the right to use registered trademark rights to cause other damage” constitutes the “Regulations on the Implementation of the Trademark Law”. Article 50 (1): "On the same or similar goods, marks that are the same as or similar to the registered trademarks of others are used as the name of the goods or the decoration of the goods, which misleads the public's behavior. According to Article 52 of the "Regulations on the Implementation of the Trademark Law," law enforcement officials "The amount of a fine for an infringement upon the exclusive right to use a registered trademark is less than 3 times the illegal business amount; if the illegal business amount cannot be calculated, the amount of the fine shall be less than 100,000 yuan." The regulations require the parties to immediately stop the illegal activities and impose a fine of 20,000 yuan.

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