In the past two days, a lawyer’s urgent appeal: Zhudao is a new variety of food, and the news that the State Trademark Office has revoked all “Zhuodao†trademark registrations has been forwarded by many media, which has aroused widespread concern from all walks of life. During the interview, the reporter found that people in the legal profession also hold different views on this. Regarding the question of whether “Bamboo Rice†and its related names can be registered as trademark names, and whether the Trademark Office of the State Administration for Industry and Commerce should revoke (or invalidate) all the trademark registrations of “Bamboo Riceâ€, there are different opinions.
According to the news, in the past few years, a rice, wine and series of products called “Bamboo Rice†have slowly exploded in the market. At the same time, many people have begun to rush to the “Bamboo†trademark. It has attracted the attention of the legal and intellectual property circles. They believe that: Bamboo rice is the common name of a new grain variety, just like sorghum, corn, soybeans, how can it be registered as a trademark? Therefore, they issued an urgent appeal to the Trademark Office of the State Administration for Industry and Commerce: immediately stop approving the registration of the trademark “Zhuo Da†and revoke (or invalidate) all the “Zhuo Da†trademarks that have been successfully registered.
Lawyer Lu Jianxiong of Guangdong Qiangbang Law Firm is one of the many lawyers who have expressed doubts. He believes that bamboo rice is a commodity raw material, and the word "Bamboo Rice" is a common name. In any case, it is impossible to register as a trademark name and it is used exclusively by the registrant. Otherwise, it may lead to unfair competition. Compete with disorder.
The opinion of Mr. Lu Jianxiong represents the opinions of many lawyers. Fan Chen is a lawyer of Beijing Jingshi Law Firm, a master of law from Central University of Finance and Economics, a senior partner of Beijing Jingshi Law Firm, an executive director of the Intellectual Property Professional Committee, and a deputy director of the Institute of Securities and Financial Crime Prevention of the Central University of Finance and Economics. After seeing the media reports, Mr. Fan Chen clearly expressed his support for the National Trademark Office to revoke (or declare invalid) all trademark registrations related to “Bamboo Riceâ€.
Of course, the industry also has different voices. Guangdong Provincial Political Consultative Conference member, founding partner of Guangdong Jinglun Law Firm, chief lawyer, and Mr. Ye Dongwen, a master of economic law at China University of Political Science and Law, said that “Bamboo Rice†is a new crop variety and cannot apply for variety patents. However, applicants are not excluded. “Bamboo Rice†has the right to register trademarks as a trademark name, and the Trademark Office can review and approve the registration according to law. However, if someone or a company disagrees with the registered trademark of “Bamboo Riceâ€, it may also propose a revocation to the Trademark Office.
It is understood that Zhudao is a new non-GMO rice variety that was made by natural hybridization with bamboo flowering and rice flowering and pollination by Mr. Zhong Zhangmei, an agronomist in Jiaoling, Guangdong Province. In 2011, he obtained a new product protection from the Ministry of Agriculture.
The success of bamboo rice has provided new species for world food production, providing new germplasm for breeding high-yield, multi-resistance, high-quality, regenerative and functional rice, and even three-line, two-line and one-line breeding. The excellent performance in terms of innovation and competitiveness has been fully affirmed and praised by many experts at home and abroad.
Tested by authoritative organizations, bamboo rice contains natural antioxidants such as bamboo leaf flavonoids and bamboo leaf polyphenols, and is rich in calcium, iron, zinc, selenium and other trace elements beneficial to the human body.
The invention of Zhudao caused great shocks in the agricultural and scientific circles. Xinhuanet, China News Network, Nanfang Daily, Guangzhou Daily, Southern Rural Newspaper and other major media in China have reported a lot. Baidu has the word "Bamboo Rice" and the related information has reached more than 60,000.
It is precisely because bamboo rice products have the characteristics of obvious product characteristics, unique flavor and rich nutrition, the product development of bamboo rice is more and more abundant, and it is increasingly recognized by consumers. Hunan Junyu Bamboo Rice Technology Cooperative started planting bamboo rice in Liuyang, Hunan Province in 2012, building bamboo rice winery and brewing bamboo rice wine. The cooperative currently applied for the registration of 33 categories of “Bamboo Rice†trademarks.
Lawyer Lu Jianxiong reviewed the website of the National Trademark Office and found that there have been as many as 22 applications for trademark registration related to “Bamboo Riceâ€.