Character: Wu Bangdong, President of Zhuangji Group, a Wenzhou Confucian businessman who is good at resilient governance.
Time: The dispute between the Chinese private enterprise Zhuangji Group and the world giant Wal-Mart over the trademark “GEORGE Zhuangji and Pictures” lasted for 7 years, with 5 confrontations and twists and turns. In February 2009, within ten days after Zhuang Jiwai lost both the administrative inspection and the first-instance lawsuit, he was extremely confused about whether he could appeal again.
Decision: Zhuang Ji has insufficient evidence and has lost two consecutive rounds in the first four rounds. When there is almost no chance of victory, in the last battle, should we fight or not? If you continue, the probability of winning the lawsuit is low; if you persist, you are unwilling to do so, which is to watch others forcibly take away the “son” you have worked so hard to raise.
On December 3, 2009, I was in London, England, the day the Beijing Higher People’s Court made the final judgment on the “GEORGE Zhuangji and Picture” trademark dispute between Zhuangji and Wal-Mart.
The weather in London was not good that day. It was rainy, sometimes windy, sometimes sunny. The countryside was crowded with people, and even Bond Street, the famous luxury street, was relatively deserted. However, Marks & Spencer (M&S), which has a history of 125 years, is doing well. It sells clothing that our company consumes. It is a pity that the trademark is not “Zhuangji”.
Just when I was lamenting the high added value of high-end clothing brands, the phone rang.
On the other end of the phone, Li Xia, director of the group office, spoke in a high-spirited voice: “Mr. Wu, we have won! We have won Wal-Mart!” She continued to follow up on the case and was very excited.
I was surprised at first, and then very calm! Because the dispute between Zhuangji and Wal-Mart regarding the “GEORGE Zhuangji and Picture” trademark has been going on for 7 years, and the process between the two parties has been full of twists and turns. Although I have lost two administrative and judicial lawsuits in a row, I insist that this lawsuit must continue, but regarding I was not sure whether we would win the case. How much we won in the final trial was a bit beyond my expectation.
Then, I was thinking that the development of any situation is the result of decision-making, or the result of choice. Take the marathon international trademark dispute case between Zhuang Ji and Wal-Mart. In February 2009, within ten days after Zhuang Ji lost the first instance of the Beijing Intermediate People’s Court, it was difficult to collect evidence and many intellectual property rights experts were not optimistic. When some board members are a little determined, if we insist on appealing, then things will end differently.
Calm after the incident
The trademark dispute between Zhuangji and Wal-Mart originated 7 years ago.
On the morning of June 6, 2003, I was working as usual on the fourth floor of the company.
With a brief knock on the door, the staff of the group office hurriedly walked out and put a letter on my desk. Taking it apart, it is the “Notice on Providing Evidence for the Use of Registered Trademarks” from the Trademark Office of the State Administration for Industry and Commerce. The letter states: Wal-Mart Stores Chain Company requests the cancellation of the “GEORGE Zhuangjiji” trademark No. 879181 (Class 25) registered by your company with our office on the grounds of “suspension of use for three consecutive years.” According to Article 39 of the “Regulations on the Implementation of the Trademark Law”, your unit is requested to provide our Office with the verification results from January 16, 2001 to January 15, 2003 within two months from the date of receipt of this notice. Evidence of the use of the trademark on the goods or services used (original or notarized copy) or reasonable reasons for non-use.
Finally, I was very surprised. Is Wal-Mart one of the world’s top 500 companies and the world’s largest wholesale chain? Why did he focus on our private enterprise in Wenzhou, China, far away? At that time, Zhuang Ji had no business dealings or commercial cooperation with Wal-Mart. Then I thought about it carefully and became very calm. Zhuangji is in a lawsuit with Wal-Mart. The stronger the opponent, the better it can illustrate the strength of the opponent. This is a good opportunity for Zhuangji, who is in the period of decline in development.
Therefore, we immediately organized our staff to submit five sets of evidence (1. Employee task badges and proof of processing unit; 2. Trademark logo product ordering agreement, physical logo and invoice issued by the trademark logo processor; 3. The original invoice with the trademark “GEORGE Zhuangjiji”; 4. The original envelope with the trademark “GEORGE Zhuangjiji”; 5. The original advertising contract and photos of the actual clothing) to prove “GEORGE Zhuangjiji” The trademark was indeed in use from January 16, 2000 to January 15, 2003, and a trademark firm in Wenzhou was entrusted to conduct a dispute.
On July 19, 2003, the day we submitted the “Providing Evidence and Debate on the Use of Registered Trademarks” to the State Trademark Office, Chairman Zheng Yuanzhong also sent an email to Wal-Mart’s corporate headquarters , hoping to handle trademark disputes in a “collaborative” manner.
As far as we know from our investigation, abroad, “GEORGE” is a popular clothing brand under Wal-Mart and is sold in the United States, the United Kingdom, Germany, South Korea, Japan and other places. When Wal-Mart entered the Chinese market in 2001, out of consideration for the slow trade factors of global logistics, it applied to register more than 400 trademarks in China, and “GEORGE” was one of them, because in 1996 our “GEORGE Zhuangjiji” had ��How do brands protect their trademarks? After communicating with friends at home and abroad, I found that major international brands will advertise in newspapers and magazines from time to time every year based on the frequency and scope of trademark use. The purpose is not only to promote the brand image, but also to promote the brand image. Another very important function is to prove the existence of the trademark during this period. For Chinese private enterprises, it is not easy to create a famous brand. There is no harm in bringing more “biological sons” out to walk around.
Second, and a very important point, at critical moments, decision-makers cannot be sloppy, hesitant and hesitant, let alone give up easily. There is no doubt that not all conditions can be perfect, and a lot of the information we get is not all useful. It may sway you or even prevent you from making the right choice. At this time, you need to learn from it. No matter what, never stop trying.
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