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Alibaba registered Jingxi company Jingdong can register "grandfather Ali"?

via:CnBeta     time:2020/8/14 19:40:56     readed:229

Alibaba recently registered to set up a company called "Jingxi", which reminds people of its old rival "Jingdong".The newly registered Jingxi Company, full name of Alibaba Jingxi Information Technology Co., Ltd., has a registered capital of 500 million yuan. Company address in Zhangjiakou City, Hebei Province, by Alibaba (China) Co., Ltd. wholly owned.

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In response, Ali Yun officials responded :" It is my company, engaged in high-tech data centers and new infrastructure, because registered in Zhangjiakou, west of Beijing, so called' Jingxi'".

Jingdong sleeps in bed

Is it legal for Alibaba to register Jingxi company? Legal people think it is OK.

Zhao Zhanzhu, deputy director of Beijing Zhilin law firm, told China News Agency Guoshi that as long as the relevant name of Alibaba Jingxi Information Technology Co., Ltd. is not registered, Alibaba's registration is not a problem, and the enterprise name will not be registered because of its commercial competition with JD.

"Under special circumstances, there may be the problem that the enterprise's brand name infringes the exclusive right of registered trademark, or this may constitute unfair competition." Zhao said.

On the side of the couch, do you allow others to sleep soundly? Alibaba registered "Jingxi" news, netizens on the joke JingDong "can not swallow this breath ".

But Ali has registered with Alibaba Jingxi Information Technology Co., Ltd., does Jingdong still have the opportunity to turn over? Zhao said that if Jingdong has any objection, it can report to the industrial and commercial department or file a lawsuit with the court.

Article 9 of the provisions on the administration of enterprise name registration promulgated by the State Council specifies that the enterprise name shall not contain the following contents and words:

(1) It is harmful to the national and social public interests;

(2) May cause deception or misunderstanding to the public;

(3) Names of foreign countries (regions) and international organizations;

(4) The names of political parties, party, government and military organs, mass organizations, social organizations and army numbers;

(5) Chinese phonetic alphabets (except those used in foreign names) and numbers;

(6) Prohibited by other laws and administrative regulations.

Legal sources believe that the final result of the report and prosecution may not change the fact that Ali has registered.

Can Jingdong register as a Waiba?

What can be tolerated! Netizens called Jingdong to register a "grandfather Ali" and "a Wai Ba Ba".

However, Jingdong is still a little late. Public information shows that "Ali grandfather", "Ali mother" and "Ali brother" have been registered and protected by Ali.

However, "awaiba" has not yet been registered, and Jingdong may consider it. According to the relevant provisions of company name registration, Jingdong can also be successfully registered.

In order to protect trademarks, well-known brands usually apply for many near synonymous trademarks or company names around the trademarks, so as to avoid being sidetracked. This is known in the industry as the "moat" of trademark.

Take "Laoganma" as an example. According to the data of China Trademark website, there are 132 trademarks related to Laoganma, of which 117 are registered by Guiyang Nanming Laoganma Flavor Food Co., Ltd., including "laoganda", "laoqianma" and so on.

However, although "Laoganma" has built a trademark "moat", the counterfeiting incidents still emerge in endlessly. According to the website of judicial documents, since 2017, there have been four disputes over the ownership and infringement of Laoganma's trademark right, and nearly 500000 searches have been made on Baidu for "Laoganma's crackdown on counterfeiting".

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