Wang Jiahuai could not believe his eyes. Wangzhihe brand fermented bean curd was for sale in a German supermarket with almost the same trademark and packaging of the original made by his company.

Wang, the general manager of Beijing Wangzhihe Food Group, was understandably angry. "The brand has been handed down through generations. We would never allow anybody to steal it away," he said.

After the oral and written warnings failed, Wangzhihe filed a lawsuit in Munich against OKAI, a German food import and export agency, alleging OKAI illegally registered the Wangzhihe brand.

The court case was heard on August 8. Because evidence presented by OKAI was not convincing, the court asked the German company to provide further proof.

It said that if OKAI cannot provide other convincing evidence before September 5, the company must make clear whether it will agree to mediation. If the two sides cannot reach a settlement, the court will pass a judgment on November 14.

Wangzhihe's fermented bean curd was first produced in 1678 and is renowned for its flavor that is known to "smell strange and taste good".

Mainly used as seasoning or added to other dishes and provide a special taste, it has been loved by the Chinese for more than 300 years, and is now also enticing many foreigners, who sometimes call it "Chinese cheese". The most common way of eating it is to place a slice between two pieces of a steamed bun (mantou) and eat it like a sandwich.

With plans to expand overseas, General Manager Wang took a business trip to Germany in July, 2006, when he found the trademark had been registered by OKAI on November 21, 2005.

Wangzhihe then filed a lawsuit against OKAI last January.

According to Wang Hongqing, intellectual property consultant for Wangzhihe, OKAI argued that the logo of Wangzhihe was "a common portrait of an ancient Chinese soldier" and the registration is lawful.

OKAI has been selling products by Wangzhihe for some time and had applied unsuccessfully to act as Wangzhihe's general sales agency in Germany.

"It is impossible that it couldn't recognize the logo," the lawyer says, adding that the logo was designed by Huang Wei, professor with the Academy of Arts & Design at Tsinghua University, who has transferred the legal copyright to Wangzhihe.

Wang Jiahuai became general manager of Wangzhihe in 2000 and began to promote its fermented bean curd on the international market.

After graduating from the Beijing University of Agricultural Engineering, Wang Jiahuai joined Wangzhihe and rose from a position as an ordinary technician to become the senior executive of the company.

According to his colleagues and employees, Wang Jiahuai pays close attention to enhancing the brand and to intellectual property right (IPR) protection. After going global, Wangzhihe has applied for trademark registrations in 10 nations and has been approved in seven countries, with the other three in the process.

"We really appreciate Wangzhihe's move," says Yan Ligang, spokesman for the Beijing Commerce Bureau.

Beijing, with its hundreds of years of history as the capital of various dynasties, is a hub for time-honored brands, ranging from roast duck Quanjude to traditional Chinese medicine Tongrentang, from cotton shoe Neiliansheng to mutton hotpot Donglaishun.

The bureau says that about 20 percent of China's historic brands are based in Beijing and some have had similar problems with trademark infringement.

To help them, the municipal government established a "Time-honored Brand Development Fund" last year. The top beneficiary can get as much as 3 million yuan in support, while others can receive discounted-interest government loans.

For time-honored brands with outstanding performance the government will offer a maximum of 200,000 yuan.

According to Yan, as brands are the most valuable assets for those enterprises, a part of the fund will be used in IPR protection.

He adds that in addition to financial support, the most important task is helping them set up a sophisticated IPR protection system and create a sound environment for them to implement their branding strategies.

The overseas edition of People's Daily reports that OKAI has illegally registered another three well-known brands, Sichuan Baijia instant potato noodles, Laoganma spicy sauce and Qiaqia sunflower seeds.

In February, Sichuan Baijia Food Co Ltd followed Wangzhihe in filing a trademark-infringement lawsuit against OKAI. In 2004, Baijia successfully registered its brand in the United Kingdom.

Hoping to avoid future trademark woes, Wangzhihe has decided to register its trademark in another 30 nations, while Baijia is trying to register simultaneously in more than 40 countries and regions.

"I cannot endure any action damaging or hurting Wangzhihe," says General Manager Wang, who vows to pursue the lawsuit against OKAI to its conclusion.

(China Daily 08/27/2007 page9)
 
 
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2013-07-17