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Trademark Infringement Case Study concerning "仁和" mark

Author: CHISPO

Date: 2024-05-17

Case Summary

Chispo represented Renhe as plaintiff against the defendants, Shandong Donga Yifuyuan Ejiao Product Co., Ltd., Anhui Haotian Biotechnology Co., Ltd. and Xu Changhe in a trademark infringement dispute,in which the court confirmed that the acts of the defendants constituted trademark infringement, and ruled that the defendants shall compensate both the plaintiff's economic losses and reasonable expenses totaling RMB 230,000.

Lawyer's Comment

The difficulty of the case lies in that goods items of the infringing products are non-standard. It is necessary to accurately analyze the category and group in the classification of goods of the infringing products, in order to accurately claim trademark rights. The lawyer who handled the case determined the category of the infringing commodities by conducting a comprehensive analysis of the names, raw materials, functions, and uses of the infringing commodities, which was eventually supported by the court. In addition, the use of the "Hong Kong Renhe" trademark by the defendant in this case is based on Mr. Li's company registered "Hong Kong Renhe Medicine Co., Ltd" in Hong Kong, and then licensed the trademark name "Hong Kong Renhe" to the defendant for use in the mainland. As for the registration of companies in Hong Kong, the requirements on examination and verification of the trade name are relaxed, there is no lack of infringers who intend to obtain a seemingly legitimate right foundation in this way, but in fact their acts still constitute infringement.