Meituan successfully repurchased the Australian trademark, which was previously registered by a local Chinese company

2020-07-31 09:25:07 0 Comment 2927 views
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On December 11 last year, after the newspaper published the article "Meituan suffered trademark cybersquatting in Australia, it might miss the Austral

Australian Metropolis Daily, Australia Pu Finance, July 8 news (Reporter Mao Shaoqing) On December 11 last year, this newspaper published "Meituan suffered trademark cybersquatting in Australia, After the article “I may miss the Australian market”, Meituan’s parent company moved quickly and filed applications for the “Meituan” and “Meituan Dianping” word marks in Australia. Recently, the "Meituan" graphic trademark that was registered by an Australian Chinese company has also been transferred and registered, but both the Meituan and the squatter are reluctant to disclose the transaction amount and details of the transfer.

Meituan successfully repurchased the Australian trademark, which was previously registered by a local Chinese company

In November 2018, a Chinese group buying website called "Australia Meituan" was launched, and its operator "AUSFUN MEDIA PTY LTD" also applied for "Meituan" at IP Australia. Graphic trademarks. This is a Chinese company located in Melbourne.

According to the "prior use" protection provisions of the Australian trademark system, once the Meituan trademark is approved in Australia, China Meituan is very likely to lose the entire Australian market. Under such circumstances, ChinaMeituan has two passive options, repurchasing trademarks through negotiation or filing trademark oppositions. But almost both methods require higher costs.

The more famous case is that in 1971, when Burger King of the United States planned to enter Australia as a franchise, it was discovered that the trademark had been Registered and used a takeaway store in Ryder. Its Australian franchisee Jack Cowin finally had to choose the name "Hungry Jack" from the other trademarks held by Burger King and changed it to "Hungry Jack’s" after it was registered and used in Australia.

The reporter recently inquired about Australian intellectual propertyThe official website of the Bureau of Public Security found that Beijing Sankuai Technology Co., Ltd., the parent company of China Meituan, had completed the trademark transfer registration with Ao Bianfen on June 19.

Meituan successfully repurchased the Australian trademark, which was previously registered by a local Chinese company

The trademark "Meituan" that was preemptively registered in Australia has been transferred to Beijing Sankuai Technology Company

Not only that, Beijing Sankuai Technology Co., Ltd. also announced on December 19 last year and this yearOn January 30, the word trademark protection of "Meituan Dianping" and "Meituan" was submitted. The above two trademarks are still at the stage of review. Meituan has completed the comprehensive trademark protection in Australia after the review is passed.

Meituan successfully repurchased the Australian trademark, which was previously registered by a local Chinese company

Meituan’s trademark registration applications filed in Australia in December 2018 and January 2019

such asI opened the "Australia Meituan" website today, and its homepage has been replaced with another unknown group buying website. In an interview with the Australian Metropolis Daily, the head of Ao Bing, Ms. Chen Bing, stated that she signed a confidentiality agreement with China Meituan regarding the trademark transfer, and Meituan also hopes to keep a “low profile”.

Meituan’s senior director of international communications, Liu Hang, said in response to an interview with reporters that he had reached an agreement with the infringing party, including non-publicity and reporting. He said he would not comment on reporters' questions about the details of the transaction.

It is not uncommon for well-known Chinese trademarks to encounter cybersquatting or copycats overseas, many of which are done by overseas Chinese.

Australian patent and trademark professional companyBaxter IP’s Patent & Trade Mark Attorney (Patent & Trade Mark Attorney), Dr. Qi Zhang, said in an interview with The Australian Metropolis that the trademark protection strategy is not exactly the same in each country. The country formulates corresponding protection strategies. Trademarks are one of the core assets of international companies. Although Australia provides some remedies for trademark cybersquatting, the cost of early protection is actually far lower than the cost of protecting rights after the fact. (Australian Metropolis Daily)

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