Had a second eventual IPO opple finally meet "dawn", in March this year, according to the securities and futures commission announced by opple IPO application.
However, IPO will be remaining that is still on, opple involved in IP maelstrom, from the switch socket, such as the wiring board electrical products suspected of infringement on trademark use, be prosecuted to the Beijing chaoyang district court, and ordered to pay 50 million yuan.
On May 16, the reporter understands from opple relevant personage, the lawsuit now entered the stage of trial, but has yet to be solved, "currently has no effect on the company, and we are confident that the lawsuit would have a fair, just and righteous judgment as a result, the results would not have a negative impact on the company."
But from the point of the lawsuit, opple or missing some products trademark protection, hunan WenSheng law firm lawyer liu, said companies for a snap on trademark issue layout.
OPPLE is OUPU claims 50 million
On March 9th, the China securities regulatory commission, according to the audit results announcement opple starting. Since this is the first time since 2013, when the impact of the IPO, the domestic lighting giant third declaration for IPO, the process is hard.
And behold, the opple over the meeting hasn't officially listed, they get into trouble. Legal evening news reported, because think opple in switch socket, strips of electrical products such as packaging, business promotion, distribution and other business activities in the use of "op" trademark infringement shall enjoy the rights to exclusive use of trademarks, three people such as Mr Wang would opple appealed to the court, called for an immediate stop infringement.
Reporter understands the brand name of Mr. Wang and others held for "euro OUPU", its categories as class 9 trademark, namely "cable; telephone line; wire; regulated power supply, wire; electric coil, electric connectors, cable joint sets; plug; vacuum tube (radio); and other contactor socket (joint)", the Numbers for 1423367.
Reporters from the state administration for industry and commerce website, found that the trademark application for registration in January 1999 at the earliest, get approved in July 2000, will expire on July 20, 2020. In 2002 and 2010 in the trademark transfer, the applicant is a Wang Shaoye and Mr Zhang.
Think Mr. Wang, although the enterprise name call "opple", but it has only "op" in light of trademark products, switch socket, electrical wiring board such products "op" trademark rights do not belong to opple.
OPPLE, on the other hand, said that the product is used in the "OPPLE OPPLE", "OPPLE" is just the defendant's own enterprise name, not a brand, and "OPPLE" and "OUPU" in English is not the same, not cause consumer confusion and mistakes, so do not constitute a trademark infringement.
In addition, OPPLE also said in reply to the reporter, OPPLE also has OPPLE English on class 9, graphics, trademarks, text "op" trademark, etc.
Lawyer said trademark in advance the layout is very important
It is worth noting that opple for listing prospectus, listed also became the plaintiff opple amount "infringement" of one of the evidence.
In 2013, according to the prospectus, opple lighting control and other operating income of 492 million yuan, of which "electrician" products accounted for 45.85%, 52.02% gross margin, "lighting control, and other" 2014 operating income of 677 million yuan, of which "electrician" products accounted for 37.86%, 50.66% gross margin.
Accordingly, wang and other three people think opple infringing the interests (two years) more than 50 million yuan, therefore, the economic loss of 50 million yuan.
In fact, opple prospectus also disclosed that "op" in 2007 was identified as "China well-known trademark", the company by the end of 2014 had trademark in 85, 112 foreign trademark.
In addition, according to the related people in opple, opple not only hire a professional trademark agency of monitoring, but also through administrative, civil, criminal and judicial means for human rights, "trademark lawsuit cases more than 360 in 2015, the average human rights cases every day."
Unfortunately, even so, opple this still fails to avoid trouble. "(this) trademark in advance the layout is very important," liu lawyers say the trademark protection in our country implements the application principle of earlier, therefore, enterprises continue to grow stronger in the business, to put the trademark protection in the development of the company strategic level, may involve in the future of the business on the product, service, brand of layout in advance.
According to liu, trademark protection should be combined with the actual situation, to consider from the Angle of reasonable use and try to protect. "Three to five years of product, service, brand, must be registered to protect. In addition, in the case of well funded, through the whole class registered our trademark protection, prevent the malicious registered, hitch a ride, or even face tort litigation. In addition, business involves abroad, also should advance in the corresponding country, region trademark layout."
