Should Nestle give up its exclusive rights to the trademark "Coffee Mate"?

In September 2009, Kunming Panlong District Industry and Commerce Bureau detained Hougu Coffee partner after Nestl é complained that Hougu Coffee Company used "Coffee partner" trademark infringement. Soon after, the Yunnan Coffee Industry Association joined hands with the enterprises represented by Hou Gu Coffee to question the trademark registration of Nestl é "Coffee partner". Reason for doubt: even if "coffee partner" is a registered trademark, it has now evolved into a trade name and a common term in the industry, and called on Nestl é to take the initiative to give up the exclusive right to use the "coffee partner" trademark. In the face of doubts from the Yunnan Coffee Industry Association, Nestl é is determined: it vows to protect the rights of the "coffee partner" in the end and will not give up the "coffee partner". Recently, Yunnan Hougu Coffee Co., Ltd., which was infringed by "coffee partner", formally applied to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce to revoke the registered trademark of Nestl é No. 360860 "Coffee partner". At present, the application has been accepted. This marks that Yunnan Hougu Coffee Co., Ltd. officially competes with Nestl é for "coffee partner" and will require Nestl é to hand over the right to use the word "coffee partner" to China's coffee industry through judicial procedures.

Hougu Coffee: it is helpless to challenge Nestl é

Since the "Hougu Coffee partner" was investigated and confiscated in September, the original bagged "Hougu Coffee partner" has been "invited" into small soil cans. In the Hougu Coffee Kunming Business Club, the small soil cans filled with "coffee companions" have become a different scenery there. Whenever a guest comes, the waiter will always bring such a small can with the coffee. At this time, the waiter would explain to the confused guests, "this is something called coffee companion." In this way, guests often laugh: "it's just a coffee companion, so why bother to put it in a bag?"this kind of display makes people feel like salt cans and chili cans, but they don't want breakfast." In the face of all kinds of questions, the waiter can only explain: "the word 'coffee partner' cannot be used in our company." For such an explanation, the guests are even more confused. Because in everyone's eyes, "coffee companion" has been deeply rooted in the hearts of the people and established, it is a kind of commodity name.

Pan Song, general manager of Yunnan Hougu Coffee Co., Ltd., said that as Hougu Coffee, which has a strong momentum of development, has strengthened the development strategy of intensive processing since 2008 and built the largest instant coffee production line in China. when Hougu Coffee ambitious to revitalize the national brand of Chinese coffee, it encountered the embarrassment of the right to use "coffee companion" to a certain extent. It has become a major bottleneck in the development of Hougu coffee. We have carefully weighed and carefully considered the application for cancellation of the "coffee partner" bid and the administrative litigation that we may have to face in the future. Such a move is not on the spur of the moment, in the long dispute over the right to use coffee partners, we will stick to it and carry it through to the end.

Trade associations: support for cancellation of applications

Yunnan Coffee Industry Association expressed support and approval for Hougu Coffee's cancellation application to the State Administration for Industry and Commerce, and said that Hougu's move represented the wishes of Yunnan Coffee Industry Association and the interests of the majority of coffee enterprises. Relevant people of the association believe that from the query on the registration of Nestle's "coffee partner" trademark to the cancellation of the application submitted by Yunnan Hougu Coffee Co., Ltd. to the State Administration for Industry and Commerce, the Yunnan Coffee Industry Association has always supported it. at the same time, it also put forward the relevant proposition that the association recognizes "coffee partner" as a common term in the industry. This shows that the Yunnan Coffee Industry Association will support the cancellation of the trademark registration of "coffee partner" to the end.

Hu, Deputy Secretary General of Yunnan Coffee Industry Association, sighed: "after Yunnan Hougu Coffee encounters the confusion of 'coffee partner', we pay more attention to this situation. How do Chinese coffee industry use 'coffee partner'? To say the least, even if the name can no longer be used, what should the accepted 'coffee partner' be called? What is the alternative name for 'coffee companion'? If you change the name, will consumers recognize it? We hope that in the whole process of applying for the cancellation of the registered trademark of 'Coffee partner', we can let the public have a complete understanding of this incident, and we also hope that the public who are concerned about this matter will actively make suggestions. "

Nestl é: resolutely safeguard legitimate rights and interests

The reporter called the public relations department of Nestl é (China) Co., Ltd. to interview whether Nestl é received relevant materials sent by the State Administration for Industry and Commerce and Nestle's attitude towards this incident. at the same time, what is the attitude towards whether the registered trademark of "coffee companion" will be diluted into the common name Nestl é like "flash drive"? The Public Relations Department replied that Nestl é has always spared no effort to protect our legally held intellectual property rights and will continue to crack down on violations of our intellectual property rights. This means that Nestl é still refuses to give up the right to use its "coffee partner".

Expert: there are precedents for reference

Relevant experts also said that a trademark that has been registered for a long time, such as "Coffee partner", has lost its significance as a trademark after being used for a long time by word of mouth and other acts of massive use. as a result, it has been diluted to the common name of the goods. Trademarks such as "flash drive" are diluted to trade names because they have been used for a long time. At present, they are common names of goods.

Does the existence of the "coffee companion" trademark still have the value of the trademark? Judging from the original legislative intention of the Trademark Law, the current development situation of China's coffee industry and the use of "coffee partner" in the industry, is it reasonable for "coffee partner" to continue to be used as a trademark? From the perspective of the Anti-monopoly Law, does the existence of coffee partner trademarks oppress other competitors in the same industry? An expert in the intellectual property industry repeatedly asked questions. It seems that it is a long process to fundamentally deny the exclusive right to the registered trademark of "Coffee partner" 360860.

China Coffee Trading Network: www.gafei.com