Chongqing"Youyou"Sued"Youfa"Trademark Infringement Case Analysis

In December2011, the Supreme People’s Court proposed that the courts at all levels should continue to strengthen IPR protection in2012. At the same time, major cities in our country have also begun drafting a well-known trademark protection regulations to increase the protection of famous trademarks. The proposal of these policies and regulations is inextricably linked with famous trademark of China repeated infringement. In our country, there have been many famous trademark infringement cases since the "Trademark Law" formulated, such as,"reader" trademark, Maotai trademark, and this article will be referred to the " Youyou " trademark.With the rapid development of China’s socio-economic, there are a wide range of colorfui goods on the market. There will inevitably be similar packaging colors including food products. So the best way to distinct them is checking the trademark and patterns on the package, but few consumers are very careful to view the vendors and compare the detailed differences between the same class of goods. Shopping is a tired rather than a pleasure when purchasing goods needs carefully distinguishing. In order to protect consumers and informal vendors, the country needs the introduction of the relevant trademark law which is about monitoring strictly from a trademark application to a trademark usage. In this dissertation, the trademark infringement dispute between two food companies in Chongqing as an example, one of them is Chongqing Youyou Industrial Company whose registered trademark is "Youyou", the other is Chongqing Xiangchuan Food Company whose registered trademark is "Youfa", the dissertation has a comprehensive analysis of the two trademark from application, confirmation, to usage."Youyou" is an earlier registered trademark and belongs to a famous trademark of Chongqing Municipality."Youfa" is a later registered trademark. But both of them are registered by Chongqing Industrial and Commercial Bureau. What is a strange thing, there are no registered trademark dispute in the stage of the application for trademark registration and then "Youfa" trademark application is successful. Until many years later, the "Youyou" trademark prosecute the "Youfa" trademark infringement and the court sentenced the "Youfa" trademark infringment at last. However, this case is worth thinking, the trademark disputes could have been avoided at that time. In the trademark application stage, if the Trademark Office and the enterprise which is earlier registered have more attention, this dispute may be able to avoid. In the trademark usage stage, if the later registered enterprise could use similar trademark strictly in accordance with the approved registered trademark, and taken to avoid producting similar goods with the earlier registered enterprise trademark (the famous trademark). It also may avoid this dispute. However, trademark infringement dispute eventually took place, and the court made the infringement judgment. This is a fair judgment. The flaws of the process can not be infringement excuses.The dissertation is divided into four chapters in according with the method that put forward problems, analyze problems, and solve problems. The first chapter mainly introduce a case and the trial process of the case. The second chapter analyses important legal points of the case which has been described in first chapter. The third chapter is mainly on involvingthinking of the legal issues about the case. The fourth Chapter presents recommendations to prevent such cases. The significance of writing this article is summed up the cause of the similar cases through the analysis of this case and then proposed solutions to the cause. And it is benefit to avoid such cases continue to occur. At the same time, this trademark infringement case can play the role of reminding and warning. It is helpful to China’s trademark law becoming perfect,including legislation, judicial, law enforcement and law-abiding perfection.