McDonald's believes that Wanderford W trademark copying M infringement is alleged to be a monopoly

McDonald's (expanding location information) took the business judges to court because they believed that the "W" logo with a red background and yellow characters passed by the judges infringed upon their trademark rights. A few days ago, the Municipal Intermediate people's Court held a hearing on the case. Han Yihe, a model of self-improvement in Beijing, appeared in court as a third person because he held the "W" trademark.

In 2001, Han Yihe's company applied to register the trademark "WONDERFUL Wanderford and Pictures" (hereinafter referred to as W trademark) in restaurants and other services. In 2003, McDonald's submitted a trademark objection to the Trademark Office, saying that the W trademark and McDonald's "Golden Arch Graphics" (hereinafter referred to as M Trademark) series trademarks constitute similar trademarks, which can easily lead to consumer confusion, and asked the Trademark Office to revoke the W trademark, but was rejected.

After McDonald's submitted its reconsideration to the Business Review Committee, the Business Review Committee ruled in 2010 to revoke the registration of the W trademark on "restaurants, cafes, cocktail party services, restaurants, bars, teahouse services" and maintain the registration on other items. McDonald's is still dissatisfied and sued for the complete withdrawal of the W trademark.

The case will be sentenced at a later date.

■ views on McDonald's "W" maliciously copy "M"

McDonald's believes that they make popular fast food, and people who eat McDonald's are likely to continue to buy clothes and other services, so the W trademark will reduce the significance of the M trademark. McDonald's is a well-known trademark. After years of publicity, we have long been deeply rooted in the hearts of the people and household names in China, and our rights should be protected.

In order to prove its point, McDonald's also produced some media reports and self-made brochures, saying that it was already the leading fast food company in the country in 2001. In addition, McDonald's also accused Han Yihe of maliciously registering, saying that he deliberately copied the M trademark and maliciously challenged McDonald's with fake trademarks.

Commercial judge "W" will not mislead consumers.

The business judge rejected McDonald's claim, saying that none of the evidence it submitted came from the authorities, so it could not prove that it became a well-known trademark as early as 2001.

In addition, the business judges also pointed out that allowing the registration of the "W" trademark on other items is not enough to mislead consumers.

Han Yi and McDonald's intend to monopolize

"your M trademark is a door, and my W trademark is in turn a container, meaning a bowl. What does it have to do with your McDonald's?" Han Yihe accused McDonald's in court of being overbearing: "if you use M, you forbid me to use W. you are just trying to use the M trademark to restrict the innovation of newcomers and set up obstacles for others to enter the fast food service industry." to gradually monopolize the fast food service industry. " Han Yihe said that W is a long-used Hanyu pinyin in China, but it is arbitrarily recognized by McDonald's that it is rotated by M.

He believes that anyone has the right to use M in goods and services, such as the "M" trademark of Motorola, the "M&M's" trademark of Maas in the United States, and the "M" trademark of Marcopolo Hostel, not to mention that the W trademark is not similar to the M trademark as a whole or literally.

(responsible Editor: Leo)

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