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"Tencent" is recognized as a well-known trademark Shandong Tencent constitutes an infringement award of 300000

via:CnBeta     time:2019/7/9 18:37:54     readed:139

On April 28, 2004, Tencent Technology (Shenzhen) Co., Ltd. was granted the exclusive right to use Tencent registered trademark No. 1962827. The exclusive right is extended to February 27, 2023.

The defendant Shandong Tencent Cultural Media Co., Ltd. in its operation of the website home page shows the words "Tencent Media" and "Tencent Group". The website "DM advertising" clicks into the discovery, the defendant made the advertising design using the words "Tencent Media", "Tencent Pepsi Tong" and highlighting the use of the word "Tencent". In the plaintiff's opinion, the defendant's act has violated the exclusive right of the registered trademark of Tencent No. 1962827 of the plaintiff, and there are also unfair competition in the use of the enterprise name of Tencent.

The defendant, Shandong Tencent Cultural Media Co., Ltd., argued that the defendant had applied for the registration of Class 35 trademarks and was rejected by the Trademark Office. The defendant had no malicious intention to use Tencent Media. The defendant's enterprise is legally registered, and the defendant's business scope is concentrated on the 35th category of "advertisement design", which does not belong to the same category as the 38th category of "communication service" approved by the plaintiff's trademark involved in the case. The defendant's use of the words "Tencent Media" in the company's website and the advertisement design produced does not infringe upon the plaintiff's exclusive use of the registered trademark involved in the case. Right, the defendant's use of Tencent as a corporate name does not constitute unfair competition.

focus of dispute

(1) whether the registered trademark No. 1962827 of the case constitutes a well-known trademark;

Second, whether the defendant's use of "Tencent Media", "Tencent Pepsi" and other signs constitute trademark infringement and whether the use of "Tencent" enterprise name constitutes unfair competition and liability for infringement.

[经] judicial decision

After trial, the court held that operators should abide by the principles of voluntariness, equality, fairness, honesty and credit, and abide by recognized business ethics in market transactions. In this case, the plaintiff Tencent Technology (Shenzhen) Co., Ltd. not only enjoys the exclusive right of "registered trademark", but also enjoys the right of "Tencent" enterprise name. The defendant, Shandong Tencent Cultural Media Co., Ltd., was established on September 6, 2016. The establishment time was obviously later than that of the plaintiff, Tencent Technology (Shenzhen) Co., Ltd. and the "trademark" of the plaintiff involved in the case has been widely known by the relevant public. Therefore, the use of "Tencent" corporate name by Shandong Tencent Cultural Media Co., Ltd. is enough to mislead the relevant public to confuse the defendant company and its advertising design services with the plaintiff company. Therefore, the defendant's use of Tencent's enterprise name constitutes unfair competition, and should bear the corresponding responsibility.

[法]result of judgment

1. The defendant, Shandong Tencent Cultural Media Co., Ltd., immediately ceased infringing upon the exclusive right of registered trademark of the plaintiff Tencent Technology (Shenzhen) Co., Ltd. in case No. 1962 827.

2. The defendant, Shandong Tencent Cultural Media Co., Ltd., immediately ceased to use the name of Tencent as an unfair competitive act.

3. The defendant, Shandong Tencent Cultural Media Co., Ltd., shall compensate the plaintiff, Tencent Technologies (Shenzhen) Co., Ltd. for economic losses and reasonable expenses totalling 300,000 yuan within 10 days from the effective date of this judgment.

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