Hai Tao Trademark Is Hard To Stir Up The Overall Situation Of The Industry By Ali.

The trademark of No. 12259434th sea naughty, the trademark of the application for registration by the Alibaba Group Holding Ltd, is published in the part of the "preliminary approval bulletin" of the 1456th period trademark announcement in May 20th this year.

The approved service items are "drug retail or wholesale services; business management assistance; provide business information and suggestions for consumers; business information; employment agencies; and incorporate information into computer databases, accounting, search for sponsorship" and so on. There are 8 items.

In the interview, the reporter learned that Alibaba submitted 4 applications for "advertising, online advertising, promotion for others, and marketing" on the thirty-fifth category, and 8 items of the preliminary notice, which had 12 service items. The 4 items such as "promotion for others, marketing" and so on 4 have been rejected by the Alibaba.

Qiao Da Li, a senior trademark lawyer of Zhejiang ZDA law firm, told reporters that it was these rejected services that led some industry insiders and many well-known media to misread Hai Tao's trademark.

Qiao Wanli points out that the services referred to by overseas purchasing agencies are

The core of the application should be "procurement for others" service items.

The Alibaba did not apply for this service item, while the thirty-fifth category 12259434th Hai Tao trademark, the first trial announcement item does not contain the "promotion and marketing" service item similar to "purchase for others". The two items have been applied but have been rejected.

Yang Jingan, a Beijing supernatural Intellectual Property Agency Limited, thinks that some media's views expressed in the report are sensational. One reason may be that they are not familiar with the process of trademark information query operation.

He explained that the trademark information found through the Chinese trademark network or the third party query software can be used as a reference, but only the information of the trademark notice is legally valid.

According to the conventional practice, if a trademark has a dismissal record before the announcement, it is necessary to consult the "trademark notice" to further verify the specific information.

"For example, the trademark of Hai Tao has indeed shown 12 service items on the Chinese trademark online. However, only 8 specific service items that have passed the preliminary examination can only be seen in the" trademark notice ".

Obviously, based on different information analysis, the conclusion is different.

Yang Jingan said.

Therefore, in the sina science and technology article, the author said, "thirty-fifth categories of Hai Tao trademarks are designated for online advertisements on advertising and computer networks.

The basic facts are wrong for providing consumers with business information and advice, business management assistance, marketing for others, marketing, employment agencies, incorporating information into computer databases, accounting, sponsorship and other service projects.

It is based on this fact that the author draws the conclusion that once the 3 trademarks are approved and registered, the electricity business community will face a more threatening trademark than the double eleven trademark event in 2014.

Yang Jingan believed that

The business of vip.com, jumei.com, Amazon and other companies mainly belongs to "sell for others, marketing" services, which are just rejected items in Alibaba application.

Qiao Wanli has different understanding of the service items that should be applied for the trademark registration of Hai Tao business. He thinks it should be "buying for others" instead of "selling for others" or "import and export agent".

Buying for others means a clear purchase intention and purchase requirement. The buyer is sure; selling for others means that the buyer is uncertain, while the import and export agent is the agent of the specific qualification who receives the Commission of the import and export agency service through a specific process.

But all roads lead to the same thing. In Alibaba's application for the first notice, there is no such thing as "selling for others".

"In short, I believe that the Alibaba's" buy for others "service item is not submitted for application, but similar" promotion for others "service items have been rejected. Even if this is still called" rush "," Alibaba "is actually" a bit unfair ".

Said Joe Wan Li.

Many people in the industry believe that anyone can raise objections within 3 months because they are still in the preliminary notice stage.

Therefore, the 12259434th category of Hai Tao trademark on the thirty-fifth category has already received 8 items of preliminary verification announcement, and whether the final approval registration is still unknown.

Even micro-blog netizens commented directly that "wait for the sea to be disqualified".

It is worth noting that sina science and technology report also mentioned: "Ali, a competitor's intellectual property owner, promptly discovered the preliminary notice of Hai Tao's trademark, and was clearly aware of the deadline for objection to the trademark, so he submitted the objection at the first time."

The reason for objection is whether Hai Tao has become "universal name".

From the above analysis, No. 12259434th Hai Tao trademark, even if there is no objection in the notice period, smoothly approved registration, it is also very difficult to say, as some articles say, so that all other electricity providers can not use the "Hai Tao" two characters, or even stop the sea business.

Qiao Wanli believes that under the premise of legitimate tax payment norms, overseas purchasing service can continue to "use" the word "Hai Tao" willfully.

In the micro-blog review, many trademark professionals believe that Sina's technology and other news reports are too sensational, and Hai Tao's trademark can not stir up the overall situation of the whole sea scouring industry.

Some people even pointed out that the original article was originally published by a certain institution in order to hype itself.

"The basic facts are wrong, but they expose their weaknesses."

A senior trademark agent who did not want to be named said so.