The hottest Nestle has filed a lawsuit in Switzerl

2022-10-03
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Nestle has sued visa in Switzerland? Product packaging infringes trademark rights

Huang Haiyun reported: Recently, it was reported that Nestle has officially sued companies such as visa in Switzerland, on the grounds that these companies used packaging similar to Nestle's registered trademark with exclusive rights in edible condiments on soy sauce and other products, infringing its trademark rights. Yesterday, we contacted the public relations personnel of Nestle and Vesta's Fuda (China) Investment Co., Ltd. to verify this news. Both sides said that it was inconvenient to respond because they were currently in the judicial process

it is understood that nestle issued a warning letter to Weishida and guangzhonghuang in Kaiping last October that the favorable conditions for the export of China's plastic extruders are increasing infringement, and complained to Kaiping Administration for Industry and commerce, claiming that Minfeng, weixianghuang, and Weixiang enterprises in Kaiping infringed their trademark rights. Nestle believes that it enjoys the exclusive right to use the registered trademark with the registration number of g640537 on edible condiments

in the warning letter, Nestle said that the three-dimensional trademark g640537 was designed by Mr. juliusmaggi, and this bottle type has been used by the company for more than 100 years. In the 1970s and 1980s, Nestle began to export Meiji fresh juice products packaged in such bottles to the mainland market of China. In 2002, Nestle proposed the late designation of the international territorial extension of the three-dimensional trademark in China, but it was rejected by the State Trademark Office. Subsequently, Nestle applied for rejection of the reexamination. Until June 11, 2007, the China Trademark Review and Adjudication Board completed the review and decided that the three-dimensional mark of the trademark would usually be considered by consumers as a container of goods, which itself was difficult to distinguish the source of goods. However, Nestle provided a large number of use evidence in the rejection of the review procedure, which was sufficient to prove that the mark had played the role of distinguishing the source, and had the remarkable characteristics that the trademark should have, so it gave preliminary approval, It was announced by the international registration office of the world intellectual property organization

however, the information provided by Kaiping Food Industry Association shows that since the 1980s and 1990s, "said John Hart, general manager of PM. There are about 100 enterprises in the condiment industry in mainland China that use brown square bottles as their product packaging, and brown square bottles have long become a common packaging for high-end soy sauce in the condiment industry. In addition to the five enterprises that could not match the new national standard with a single 1 oxygen index and were complained or warned by Nestle at the end of last year, there are 28 Enterprises above Designated Size in Kaiping City alone producing soy sauce packaged in brown square bottles. The Association believes that Weishida soy sauce has been packaged in brown square bottles since 1983 and applied for a design patent for bottle stickers using square bottles in 1991. Nestle only obtained the registration of three-dimensional packaging trademark in 2007, which should be an improperly registered trademark

according to the analysis of people in the food industry, the reason why Nestle is so serious is that the products of companies such as visa have been expanding their market share in recent years, which has become a major threat to the domestic market of similar products of Nestle. Data show that from 2001 to 2003, the sales of Weishida's delicious soy sauce using brown square bottles reached hundreds of millions of yuan every year. However, as a well-known international company, Nestle has rich experience in suing trademark infringement, so the victory of domestic enterprises is in doubt

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