In 2019, the “double 11” marks a new record. In terms of sales, Tmall led the first: 268.4 billion yuan. Jd is in hot pursuit: 204.4 billion yuan.
The huge number comes from the army of online shoppers who cut off their hands in pain but can’t help but smell good. They have completed the task. For them, “double 11” this battlefield, a short time. However, e-commerce platforms cannot go away, they still need to consolidate and expand to prepare for next year’s “double 11”. The race continues.
Jd.com has made a sale, taking the trademark of “double 11” directly. It took the state intellectual property office to court. The case was heard by the Beijing intellectual property court on November 14. Besides plaintiff and defendant, there is a “third party” : alibaba company.
The battle for the trademark may make people wonder, “what is your name?” is so important. Of course. Jingdong wants to fight for a total of five trademarks, all related to “double 11”.
Just “double eleven”, Chinese characters into a number, or crown a name, sewing into a piece of “clothes”. Not line? Alibaba thinks: no. In July 2017, alibaba filed a request for invalidation of the trademarks.
Alibaba has its reasons: it registered the “double 11” trademark in 2011. It clearly has advantages. Legally, alibaba’s is called “first cited trademarks”, while jd’s is called “lawsuit series trademarks”. Not to mention, “double 11” festival, originally is alibaba from 2009, single-handedly created. So it seems that alibaba built the car, but jd wanted a “free ride” and was finally kicked out.
The original trademark review and adjudication board of the state administration for industry and commerce concluded that the trademark sought by jd.com, which constitutes a similar trademark to alibaba’s for similar services, violates the provisions of article 30 of the trademark law. According to the regulations, the trademark office can reject the application if the applied trademark is found to be a “high imitation”.
The official final ruling, the company’s trademarks, or invalidation of the invalidation of some services. But jd.com did not concede, and it cannot. Because it costs too much. The five trademarks, “11-11” and “jingdong double 11”, belong to the 35th category of trademarks. It has another generic name: universal trademark. There are 45 classes of trademarks, of which the 35th class is a service mark, including the “advertising” group. In the simplest terms, jd.com’s “high imitation” application for registration, if found to be illegal, will not be able to use “double 11” and similar symbols for marketing and publicity.
Alibaba believes that after years of continuous publicity and use, “double 11” and alibaba has established a unique relationship in fact. Therefore, alibaba’s “double 11” is the exclusive original, jd.com’s trademark is of course “high copy”. If it’s high copy, it should be banished.
“The only corresponding relationship” means that when people think of “double 11”, they can only think of alibaba, not jd or other e-commerce platforms. Legally, this is called salience. Distinctiveness is a necessary condition for the achievement of trademark.
When “double 11” is just a date, it can’t be a trademark. But when alibaba applied to register the “double 11” trademark, it had already given “double 11” a second meaning and prominence, so it could succeed. As a creator, the concept of “double 11” is also the capital of alibaba. Competitors, however, do not get knocked out easily.
Since the year when alibaba took the lead, November 11 has gradually become a “promotion carnival” for e-commerce platforms. Although there is “loud thunder, small rain” suspected, but the surface of the scene, a year better than a year. Alibaba did this “cake”, see it bigger and bigger, share the cake also more and more people. At the end of October 2014, as e-commerce companies prepare for singles’ day, alibaba issued a notice saying that alibaba group had obtained the registered trademark of “singles’ day” and that others’ use of the trademark was an infringement. The e-commerce platform could only adjust its strategy in a hurry, but since then, alibaba’s “double 11” practice has attracted many complaints and discussions.
Jd.com said that “double 11”, “double 11”, are the annual November 11 business promotion activities, it does not necessarily refer to alibaba’s “double 11”.
Jd side to find the right direction, snake dozen seven inches: “double eleven” is not as significant as before. According to the trademark law, “if a registered trademark becomes the general name of the commodity approved for use, any entity or individual may apply to the trademark office for revoking the registered trademark”. Jd.com said that although alibaba had applied to register the “double 11” trademark, it had never actually used the service in question.
Jd.com said that since the “double 11” is no longer significant, the two companies’ trademarks are unlikely to cause any confusion. So jd.com asked the court to reverse the original ruling and order the state intellectual property office to make a new one.