July 11, 2024 Copyright ©️ 2024 by JinRui International Patent & Trademark Joint Office
"Yunü" (玉女) Is Actually a Registered Trademark?!
I always thought it was just a variety of tomato!
"McNuggets," "Green Tea Yakult," "Mala Hot Pot," "Ice Cream Cone," "Permanent Marker," "White Radish"...
To my surprise, all these seemingly common names are actually registered trademarks (Ⓡ)! 😱
Businesses should be extremely cautious when using these terms to avoid unintentional trademark infringement.
While "Yunü" refers to a tomato variety, it has also been exclusively registered as a trademark by Known-You Seed Co., Ltd.
Previously, the Intellectual Property Office advised that trademark applicants should avoid using names similar to registered trademarks as plant variety names.
However, it did not address why a plant variety name can still be approved for trademark registration in the first place.
In fact, there have already been cases where businesses, after purchasing "Yunü" tomato seeds from Known-You Seed, received lawyer’s letters accusing them of trademark infringement.
Goldkeen Trademark Office Reminder
Plant variety rights and trademark rights are different types of rights. Trademark rights are used to protect the source identification of goods or services.
In the above case, Known-You Seed Co., Ltd. obtained the plant variety rights for the "Yunü" tomato and also registered the "Yunü" trademark.
Therefore, even if other businesses purchase Yunü tomato seedlings from Known-You Seed, they still cannot use the trademark "Yunü" when selling tomatoes.
A warm reminder: Agricultural producers should first check whether a fruit brand name has already been registered as a trademark by another company before using it, to avoid unintentional infringement.
Recommended Actions:
To avoid trademark infringement, agricultural producers can take the following measures before marketing their products:
- Entrust a trademark office to conduct a trademark search to confirm whether the intended brand name has already been registered.
- Avoid using brand names that are similar to others' registered trademarks.
- When applying for plant variety rights, consider simultaneously applying for trademark rights with a logo.
- Good trademark management helps agricultural producers build a brand image in the market and avoid infringement disputes.
Have you also been painstakingly building your brand but have not yet secured exclusive trademark rights?
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