Editor's note: For many companies, the value of a trademark far exceeds tangible property. If a trademark is lost, the company may lose consumer trust and lose the entire market.
Apple's and Shenzhen Proview's iPad trademark battle is still sawing, and it's hard to say who will win. The aftermath of the iPad trademark battle has not been leveled. Jeremy Lin and Jordan have also become involved in trademark disputes with related companies. In just two weeks, three major trademark disputes have come one after another. The smoke from trademark disputes has inevitably diffused throughout the country.
Risk one:
The main trademark has not yet been registered Following the series of trademark incidents such as Apple, Jordan and Jeremy Lin, there are netizens who have taken another path and believe that they can win "business opportunities" by staking out the listed company's trademark. Believe it or not, this kind of unconstrained way of making money is actually a soil for A shares. Relevant data show that at present, the awareness of listed companies on trademarks is still weak, and nearly 1,000 companies either have their main trademarks not registered or are registered by others in the main or non-principal businesses of listed companies. In addition, some of the company's main trademarks are still in the hands of controlling shareholders or other shareholders. Listed companies must pay high fees each year, and even become shareholders' control of listed companies.
Although netizens' “wishful wish calculations†are inevitably somewhat unconstrained, it is not difficult to find out that this kind of logic actually has a realistic basis because the awareness of A-share listed companies’ trademarks is not strong.
For many companies, the value of a trademark far exceeds tangible property. If a trademark is lost, the company may lose the trust of consumers and lose the entire market. Such a matter is not without precedent in A shares. For example, the predecessor of Yunnan Urban Investment was Honghe Guangming. The company's main business was the production and sales of beer. Its history can even be traced back to the 1980s. However, due to various reasons, "Honghe" beer did not register "Honghe" on its main products such as beer. Lin Hui, a privately-owned enterprise in Shandong, bought the “Honghe†trademark of a company in Heilongjiang in 2000, and established the Honghe Beverage Preparation Business Department. With the "Honghe" trademark, this small company used the "trademark infringement" to sue the Red River twice in three years. If it were not for the Supreme People's Court, Lin Hui had created a record of 10 million yuan in the Chinese trademark infringement compensation. . Although the final judgment lost only 20,000 yuan, Honghe Guangming’s beer business plummeted after several agonies, production and sales fell from more than 100,000 tons before litigation to 17,000 tons, and beer business changed from annual profit of more than 3,000 yuan to loss of 460 yuan. Ten thousand yuan. As a result, listed companies suffered heavy losses. In 2007, the beer business was stripped and renamed as Yunnan Chengtou. The main business was changed from beer production and sales to real estate development. Can be described as a trademark, defeated trademark.
Risk II:
In addition to the above issues, the use of trademark rights in the hands of shareholders, many companies use the main trademark is not actually owned by itself, but the controlling shareholders or other shareholders. The same statistics from Southwest University of Political Science and Law show that the main trademarks of more than 200 listed companies in A-shares are owned by its controlling shareholders, including a number of well-known domestic companies. Listed companies can only spend a lot of money every year on their mothers as controlling shareholders. The company purchases trademark use rights.
What is worthy of caution is that although the controlling shareholder does not generally “marinate†the listed company in terms of trademark use rights, etc., under the framework of the A-share typical parent company’s holding listed company, many listed companies are used for “redemptionâ€. Cases of using "trade water" trademark rights have occurred from time to time. The most typical ones are Amoi Electronics and Bird Electronics. They purchased the related trademarks from the parent company for 150 million yuan in cash respectively. The trademark before the Birds shares was used free of charge. Sichuan Changhong also replaced the assets with Changhong Group. The price of 1.387 billion yuan will be transferred to the listed company.
As for the current status of this A-share major trademark being controlled by a controlling shareholder or other shareholders, industry sources stated that it is best to completely resolve the trademark crisis of the listed company by means of trademark transfer, and at least sign a long-term or indefinite contract for the use of a trademark. In order to ensure that shareholders will not use the trademark rights to threaten listed companies.
Apple's and Shenzhen Proview's iPad trademark battle is still sawing, and it's hard to say who will win. The aftermath of the iPad trademark battle has not been leveled. Jeremy Lin and Jordan have also become involved in trademark disputes with related companies. In just two weeks, three major trademark disputes have come one after another. The smoke from trademark disputes has inevitably diffused throughout the country.
Risk one:
The main trademark has not yet been registered Following the series of trademark incidents such as Apple, Jordan and Jeremy Lin, there are netizens who have taken another path and believe that they can win "business opportunities" by staking out the listed company's trademark. Believe it or not, this kind of unconstrained way of making money is actually a soil for A shares. Relevant data show that at present, the awareness of listed companies on trademarks is still weak, and nearly 1,000 companies either have their main trademarks not registered or are registered by others in the main or non-principal businesses of listed companies. In addition, some of the company's main trademarks are still in the hands of controlling shareholders or other shareholders. Listed companies must pay high fees each year, and even become shareholders' control of listed companies.
Although netizens' “wishful wish calculations†are inevitably somewhat unconstrained, it is not difficult to find out that this kind of logic actually has a realistic basis because the awareness of A-share listed companies’ trademarks is not strong.
For many companies, the value of a trademark far exceeds tangible property. If a trademark is lost, the company may lose the trust of consumers and lose the entire market. Such a matter is not without precedent in A shares. For example, the predecessor of Yunnan Urban Investment was Honghe Guangming. The company's main business was the production and sales of beer. Its history can even be traced back to the 1980s. However, due to various reasons, "Honghe" beer did not register "Honghe" on its main products such as beer. Lin Hui, a privately-owned enterprise in Shandong, bought the “Honghe†trademark of a company in Heilongjiang in 2000, and established the Honghe Beverage Preparation Business Department. With the "Honghe" trademark, this small company used the "trademark infringement" to sue the Red River twice in three years. If it were not for the Supreme People's Court, Lin Hui had created a record of 10 million yuan in the Chinese trademark infringement compensation. . Although the final judgment lost only 20,000 yuan, Honghe Guangming’s beer business plummeted after several agonies, production and sales fell from more than 100,000 tons before litigation to 17,000 tons, and beer business changed from annual profit of more than 3,000 yuan to loss of 460 yuan. Ten thousand yuan. As a result, listed companies suffered heavy losses. In 2007, the beer business was stripped and renamed as Yunnan Chengtou. The main business was changed from beer production and sales to real estate development. Can be described as a trademark, defeated trademark.
Risk II:
In addition to the above issues, the use of trademark rights in the hands of shareholders, many companies use the main trademark is not actually owned by itself, but the controlling shareholders or other shareholders. The same statistics from Southwest University of Political Science and Law show that the main trademarks of more than 200 listed companies in A-shares are owned by its controlling shareholders, including a number of well-known domestic companies. Listed companies can only spend a lot of money every year on their mothers as controlling shareholders. The company purchases trademark use rights.
What is worthy of caution is that although the controlling shareholder does not generally “marinate†the listed company in terms of trademark use rights, etc., under the framework of the A-share typical parent company’s holding listed company, many listed companies are used for “redemptionâ€. Cases of using "trade water" trademark rights have occurred from time to time. The most typical ones are Amoi Electronics and Bird Electronics. They purchased the related trademarks from the parent company for 150 million yuan in cash respectively. The trademark before the Birds shares was used free of charge. Sichuan Changhong also replaced the assets with Changhong Group. The price of 1.387 billion yuan will be transferred to the listed company.
As for the current status of this A-share major trademark being controlled by a controlling shareholder or other shareholders, industry sources stated that it is best to completely resolve the trademark crisis of the listed company by means of trademark transfer, and at least sign a long-term or indefinite contract for the use of a trademark. In order to ensure that shareholders will not use the trademark rights to threaten listed companies.
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