When you mention "QQ", would you think of Tencent's penguin or Chery's car? In fact, as far as the "QQ" is concerned, the two sides began to entangle in 2005, and the QQ trademark registered by Tencent in the automotive field was proposed by Chery. The objection was revoked by the TRAB, and Tencent further filed a lawsuit against the Trademark Review and Adjudication Board (the Trademark Review and Adjudication Board of the State Administration of Trademarks). Yesterday, the reporter was informed that the 11-year-old trademark war between the two sides had a result in the Beijing High Court. The City High Court final judgment, supporting the ruling made by the quotient judges, ordered Tencent to revoke the "QQ" registered trademark of automobiles and other commodities.
Defendant and Trade Review Board Tencent infringes on Chery’s “priority”
As early as 2003, the Chery QQ sedan applied for the registration of the “QQ” trademark on the 12th category of automobiles, but Tencent subsequently filed an objection during the initial review of the trademark. On May 19, 2005, Tencent applied for registration of the “QQ” trademark on the 12th category of automobiles and other products, and was approved to register on March 7, 2008. On November 26, 2009, Chery Automobile violated the first paragraph of Article 13 of the Trademark Law (copying and imitating well-known trademarks), Article 28 (similar similar trademarks on similar products), and third Article 11 (damage to the prior rights of others) is an application for revocation of the disputed trademark to the Trademark Review and Adjudication Board.
After the Chery Automobile filed the application for revocation of the disputed QQ trademark, the TRAB made a ruling that the registration of the disputed trademark constituted the preemptive registration of the trademarks referred to in Article 31 of the Trademark Law and had certain influence on the trademark. This ruling disputed trademark was revoked.
Plaintiff · Tencent Chery infringes on his own rights. Tencent believes that the basis of the ruling of the TRAB is out of context. Because Article 31 of the Trademark Law stipulates that “the trademarks that have been used and have certain influence are preemptively registered by improper means”, but Tencent does not have “unfair means”, and Chery does not have “legitimate” or “in First" use.
Tencent said that Tencent's sales in 2003 reached 900 million yuan, so defensive registration in various fields. In fact, before Chery used the QQ trademark on the 12th category of goods, Tencent had registered the “QQ” (artistic) trademark No. 1962825 in the 12th category. The application for registration of QQ trademark by Tencent is only a continuation registration on the basis of this pre-art font, and it is also a full-fledged registration of its well-known trademark QQ.
Tencent pointed out that Chery Automobile has planned the car name from the beginning to the later promotion, and all of them rely on the well-known "QQ" trademark and the penguin doll to achieve the publicity effect. This kind of infringement cannot produce legal prior rights. So the fact is that Chery Automobile is infringing on Tencent’s prior rights, and Chery Automobile’s infringement uses the QQ trademark.
In response to the final judgment of the Municipal High Court, Tencent issued a statement yesterday: QQ is a well-known brand that Tencent is deeply loved by users. Whether it is graphics, sound and brand has long been deeply rooted in people's hearts. Although the road to brand maintenance is difficult and difficult, no matter how difficult it is, our determination and strength to protect the QQ brand image and rights will not be relaxed!
The third person · Chery Tencent behavior is a malicious registration In Tencent's complaint against the Commercial Review Board, Chery is the third person in the case. Chery believes that the disputed "QQ" trademark and the trademark registered before Tencent are two independent, different, non-similar trademarks, the former is the English alphabet, the latter is the trademark of the mouse. Therefore, Tencent is not a continuation of registration.
Chery believes that China has a strict market access system for automobile production and sales. According to the automobile industry policy, a company without a background in the automotive industry cannot obtain the qualification for the production of automobile products. For Chery Automobile, Tencent registered the "QQ" trademark in the automotive field, which is malicious. Once the court allows Tencent to register, Tencent will use a large number of licenses, which will cause a large number of "QQ" cars to appear everywhere.
In addition, before Tencent applied for registration of the disputed QQ trademark, Chery affiliated company Wuhu Chery Technology Co., Ltd. has applied for the registration of the “QQ” trademark on the 12th category of automobiles and other commodities.
Court ruling Tencent should evade Chery’s “priority”
After the trial of the First Intermediate People's Court, the “QQ” and Penguin graphic series brands established by Tencent have established a certain reputation in the field of communication services, but the goodwill cannot be extended to automotive products, even the registration of defensive trademarks. It should also evade the legal rights previously enjoyed by others. Therefore, the First Intermediate People's Court of the City decided to maintain the ruling made by the TRAB.
After the first-instance judgment was made, Tencent refused to accept the appeal and filed an appeal with the Municipal High Court. After the trial of the Municipal High Court, it is believed that the two do not constitute the same or similar goods or services due to the large gap between automobile goods and communication services. When Tencent applied for disputed trademarks on automobiles and other commodities, it should be known that Chery’s “QQ” trademark on such commodities has already gained a certain reputation. Therefore, Tencent’s application for registration of a disputed trademark is unjustified. And even if it is a defensive trademark, it should also evade the prior rights enjoyed by Chery. The Beijing High Court finally ordered the decision to be held in the first instance.

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