Chapter 17: The Female Ticket Law Maniac
Liu Hui reported the situation clearly, listened to Gu Cheng's further instructions, and then went to prepare for the follow-up promotion and deployment with a stomach full of bad water. Pen? Interesting? Pavilion wWw. biquge。 info
Gu Cheng rested for a while, drank a cup of coffee to refresh himself, and was about to go to a meeting when he suddenly received an internal phone call.
Gu Cheng looked at the number, and picked it up without thinking about it: "Sister, what's wrong?" ”
Pan Jieying on the other end of the phone was also very straightforward: "Sister Liu is gone? Have you been looking for her to hype up the brand topic lately? Even the 'Left and Right Fighting Technique' was used? ”
Gu Cheng naturally wouldn't hide it from his cousin, and admitted it bluntly: "There is such a thing, and it's not all I thought of, I just provided Sister Liu with an idea." What's wrong? ”
Pan Jieying also said in the same tone: "No wonder, I said that Tiance Firm, which is our legal counsel, how could it come to the door like a smell of blood." It turned out that Sister Liu consulted them about the scale of the edge ball in this regard - today the people from the office contacted me and said that they have a proposal that may be useful to you, and I hope you will take the time to meet it. ”
Gu Cheng thought about it for a while, and roughly reacted.
Tiance Law Firm is the best local law firm in Qiantang, and before Gu Cheng's rise, Ahri Baba and Huang Yijia also asked this as their legal counsel. Several local real estate tycoons, such as Boss Song of Greentown, who bought the first-class football team and is about to surpass next year, also asked this firm to consult.
Last year, Gu Cheng was invited by Ma Feng to initiate the Jiangnan Conference, and when he saw that several old buddies had asked this firm to be their legal counsel, he also pushed the boat down. Later, I negotiated patent legal issues with Apple with people from Samsung, although the main legal staff was from Samsung, but Gu Cheng had to send a few people to understand the situation, so as not to be cheated when he shared the spoils.
Judging from the final processing results, the lawyers who docked with Tiance Law Firm and YY were still very capable, and Gu Cheng was more satisfied.
I heard that the other party is so keen now, just from a few marginal questions consulted by Liu Hui, I smelled what Gu Cheng wanted to do, and took the initiative to propose a plan to ask for a meeting, but Gu Cheng was a little interested.
"Then let them come, I'll be in the reception room where I saw Sister Liu just now." Gu Cheng said so and hung up the phone.
After just stretching a few waists and tidying up her clothes, the door of the reception room was pushed open, and Pan Jieying walked in with a 35-year-old shrewd and capable female lawyer.
The female lawyer's name is Fei Wenqing, and she is the partner leader of Tiance Law Firm. Dressed in a black suit, black tube skirt and black high heels, with a white lace shirt underneath, he looks meticulous. As soon as she saw Gu Cheng, she bowed and shook hands very decently.
"Mr. Gu, thank you for taking the time out of your busy schedule to understand my proposal."
"You're welcome, Director Fei, sit down." Gu Cheng pointed to the sofa and coffee, not at all.
Vivien took a sip of coffee and got straight to the point: "Please forgive me for taking the liberty of being your legal counsel, in order to save your time, I want to know, the 'Ma He forgot the eggs, Lingnan Electronics Factory has closed down' that has been making a fuss outside in the past few days, was arranged by Director Liu for your company?" The settlement deals with Samsung Electronics and Apple that I handled last year were also reheated by you to make the PR department re-hype? ”
Gu Cheng is really a little uncomfortable with the lawyer talking so straightforwardly. I always feel that when I talk to the suspect and his agent, the agent stresses bitterly, "I will not betray you, you must tell me the truth".
After taking two sips of the drink, adjusting his emotions, and figuring out the relationship between the two parties, he nodded: "That's right, that's what happened." ”
Vivien immediately grasped the point and asked: "Do you really want YY's brand to leave an impression in the hearts of ordinary netizens that 'YY is a well-known brand that is very worthy of being copied by peers'?" ”
"Does this have anything to do with what you're trying to talk about today?" Gu Cheng felt that the other party was a little overstepping, so he couldn't help but nod.
"I'm sorry, I'm in a hurry, then I'll talk about what I can do for you" Vivien Qing gave an apologetic smile very elegantly, and Wen Yan explained, "If you need, we can operate for your company and turn YY's trademark into a well-known trademark." ”
As soon as these words came out, Pan Jieying, who was leading the road today, first changed her face.
Many ordinary consumers, or ordinary netizens, may feel that the word "well-known trademark" is not very valuable.
Because of the many advertisements often seen on TV, its brand will add a sentence "XXX won the famous trademark of China" in the slogan, as if the well-known trademark is all over the street.
Although this kind of layman's misunderstanding is not wrong, there is a big deviation -- there are always dozens of well-known trademarks recognized by all walks of life in the country every year. Since the opening of the evaluation in the 90s, to 2003, it is not an exaggeration to say that there are 500 well-known trademarks in the country.
However, not to mention that these well-known trademarks are to be divided by so many industries across the country, and when evaluating well-known trademarks, one of the most important potential indicators is the sustainability of trademark popularity - in other words, century-old stores, Chinese time-honored brands, have special advantages in this regard, and emerging industry nouveau riche, even if the temporary market sales are fierce, the market share is high, and the data is good-looking, a default "trademark registration and use for 10 years" can give you a card.
Just talk about it, don't practice fake tricks. Speaking with a set of real data from another time and space, you can know the difficulty of this matter:
The trademark "Tengyun" was registered with Ma Teng in 98 years, and it was not recognized as a "well-known trademark" until 2008, and the trademark "Ahri Baba" was not recognized as a "well-known trademark" until 2014 because its user group was B-end business users)
Needless to say, such a giant has to wait for 10 or 15 years to turn the trademark of his company name into a "well-known trademark", which shows that this indicator is generally not coveted by the upstarts of the Chinese Internet.
Pan Jieying is from a professional class and has studied MBA in a prestigious school, so she naturally knows the gold content of this matter. She was afraid that her cousin would not know how to do it, so she hurriedly persuaded her: "Ah Cheng, if what Sister Fei said can really be done, it will be amazing, no matter how much the price is worth it, others can't get it if they want to--you may not know the law very well, let me tell you, a brand that is not a well-known trademark cannot be protected across classes when it is counterfeited." Once it is recognized as well-known, it can be protected across the country! ”
"No explanation, I know." Gu Cheng raised his hand to stop his cousin's nonsense, and also changed to a more polite and virtuous corporal's expression, and asked Fei Wenqing sincerely, "In contrast, I am more curious about how you are going to do this, Sister Fei?" YY is a brand that has only been registered for more than a year, and it is well-known, and I always thought that I would not have to think about it in seven or eight years. ”
Although Gu Cheng is not specialized in law, he also knows the benefits of "cross-class protection" brought by well-known trademarks.
The Trademark Law of all countries in the world adopts the principle of classification registration for the registration of trademarks, and the classification standard based on it is generally the Nice Classification of Goods, with a total of 45 categories and thousands of groups.
When an enterprise or natural person goes to register a trademark, it chooses which type of trademark to be registered in a certain field. For example, those who open banks/insurance companies are registered in Class 36, operators such as Huaxia Mobile/Unicom/Telecom are registered in Class 38, and the entertainment industry is registered in Class 42.
The reason why the law is so determined is that there is no "R&D cost" for trademark registration, and once a trademark is registered, it will be a great waste to prohibit all other categories of industries from using the same name trademark.
Therefore, it is entirely possible for an advertising company to have the same trademark name as a bank or film company, and all three parties can be legally and validly registered.
If some companies feel that the brand they operate will be very awesome in the future and do not want to be popularized by people across industries, then it is not completely impossible.
At this time, there are generally two alternative paths, the first is to directly strive to make your trademark a "well-known trademark", once it is well-known, even if it is not a peer, it is not allowed to use a trademark with the same name, which is the so-called well-known cross-class protection in the legal community.
The way is to choose joint registration when registering a trademark and pay more money. For example, at the beginning of its establishment, Tengyun Company thoroughly injected the trademark "QQ" theoretically, covering all the rounds from Class 1 to Class 45, leaving no chance at all - and the disadvantage of this practice is that it requires a lot of money, because the Trademark Office of the State Administration for Industry and Commerce charges fees for trademark registration according to the number of goods at the time of registration.
For each category, the General Administration charges a fee of 600 yuan, and each category includes a maximum of ten subdivided commodity groups, and more than one plus 100 yuan. Thousands of groups in 45 categories are all covered, and it is estimated that hundreds of thousands of registration fees will be required.
WHEN GU CHENG WAS IN HIS LATER LIFE, HE ENCOUNTERED A CLASSIC CASE IN THIS REGARD: AT THE BEGINNING OF APPLE'S ENTRY INTO THE CHINESE MARKET, APPLE DID NOT REGISTER THE TRADEMARK "IPHONE" IN 45 CATEGORIES. BECAUSE THE IPHONE WAS ALREADY A WELL-KNOWN TRADEMARK IN THE UNITED STATES AT THAT TIME, APPLE ONLY REGISTERED "IPHONE" IN A FEW CLASSES BASED ON THE 9TH MAJOR CLASS (COMPUTER/SOFTWARE).
As a result, a leather goods manufacturer who preemptively registered the "IPHONE" trademark in Class 18 (leather products) before 2009 legally sold "IPHONE" brand leather phone cases in China. APPLE LATER FILED A LAWSUIT ON THE GROUNDS THAT "IPHONE IS A WELL-KNOWN TRADEMARK", AND NATURALLY LOST THE LAWSUIT WITHOUT SURPRISE.
THE REASON FOR THE COURT'S DECISION WAS THAT THE IPHONE TRADEMARK WAS ONLY WELL-KNOWN IN CHINA IN 2009. THE MANUFACTURER OF IPHONE BRAND LEATHER GOODS PREEMPTIVELY REGISTERED THE TRADEMARK RIGHT OF IPHONE UNDER THE 18 CATEGORIES (LEATHER PRODUCTS) IN 07 YEARS, WHEN THE IPHONE WAS NOT WELL-KNOWN. THEREFORE, EVEN IF THE IPHONE BECOMES FAMOUS LATER, THE IPHONE LEATHER PHONE CASE MERCHANT STILL HAS THE RIGHT TO "CONTINUE TO OPERATE WITHIN THE BUSINESS SCOPE THAT HAS BEEN EXPANDED NO MORE THAN 2009, WHEN APPLE'S IPHONE TRADEMARK WAS RECOGNIZED AS WELL-KNOWN".
(Note: It is not supported by law for the other party to continue to expand its business category after it has become well-known, but after the other party has determined that it is well-known, the business that the company has expanded before maintaining its well-known name is not considered infringement.) )
Even companies like Apple have been slow to become famous, and they have sunk in China.
When Gu Cheng was in elementary school in later generations, he knew about this legendary case, so he naturally knew the value of fame very well.
If the woman in front of her really has a way to make his YY trademark famous, wouldn't it be another time and space Apple, Tengyun, Ahri Baba, and other top brands that have not done it!
Such a high-spirited thing, money is a fart!
"Hurry up and tell me your plan in detail! Money is not an issue! ”
Gu Cheng's arrogance made Vivien clear in spirit, knowing that she had met a bold big customer today.