Stand towards Hunan Changsha ZIDONGGE HUATIAN Hotel, there is a Health & Care centre with the trade name "XIAO HUATIAN". But the centre is not the branch institution which belongs to HUATIAN Hotel, and has no relationship to HUATIAN. Recently, HUATIAN Group accused to the "XIAO HUATIAN" for the illegal using of "HUATIAN" trade name and the trademark right infrigement behavior.
    In accordance with the introduction from the deputize lawyer of HUATIAN, the accuser is the owner of "HUATIAN" Mark. In 1995, HUATIAN Group registered "HUATIAN" Mark ,including "HUATIAN"、"XIAO HUATIAN"、etc. At the same time, "HUATIAN" mark is the core composing of the accuser's trade name, HUATIAN have used the mark for 16 years, and "HUATIAN" Mark have widely cognition and fame in public.
The defendant Mr. Zhang considered that "XIAO HUATIAN" registered at industry and commerce administration section and draw the business charter on 18th, Dec, 2004. They used the "XIAO HUATIAN" as trade name, was not the services mark, so they didn't infringed the mark right.
    Withal, the deputize lawyer of HUATIAN Group expressed that the defendant used "XIAO HUATIAN" as services mark, and the accuser used "HUATIAN" series trademark as services mark and commodity mark, so the behavior of the defendant infringed the clause misusing of the special name of famous commodity from "Law Against Unfair Competition", or used the name approximate to the famous commodity, and caused poeple's misunderstanding. In addition, "XIAO HUATIAN" as the trade name of the defendant, but the accuser is a big enterprise be made up of many holding companies and sharing companies which using "HUATIAN" mark. The key word of trade name of the accuser and the defendant are all "HUATIAN", they are very similar, and would easily confused the public. The defendant's behavior violated the clause of "using, without authorization, the business name or personal name of the other person on his own goods, leading people to mistake them for the goods of the other person" from "Law Against Unfair Competition of P.R.China".
   It is reported that, after knowing accused by HUATIAN Group, "XIAO HUATIAN" made company name alternation procedure at industry and commerce administration section, and tried to business with the trade name of "XIAOHUATAI". At the same time, the sign "XIAOHUATIAN" would be changed, but it was not complete. The chief from general affairs office of HUATIAN Hotel expressed that, if the font or the appearance of "XIAOHUATAI" would confused with "HUATIAN", it was also the infringement to HUATIAN Brand. And this is the first step for HUATIAN Right Protection Action. If the litigation be successful, HUATIAN would startup the larger scale actions.
   In accordance with the introduction from the chief of HUATIAN Group, as a famous company in Hunan province and around China, the ture propose of actions is to maintained the legal right, to develop restaurant industry, and to strengthen brand consciousness of provincial companies and public. With the developing of HUATIAN brand, the infringement behaviors all over the China become more and more. In recent years, the number of illegal using of HUATIAN mark reached 200. Passed by the 107 natioal highway and 320 natioal highway, there were many words and ad writing "HUATIAN" , and they made people confused. A short time after opening of the branch hotels in Yiyang、Changde and Zhuzhou, there were many restaurants and recreation places around the hotel using "HUATIAN" mark.
    Why the behavior "Rely on famous brand" spread rapidly, and always succeed? The staff in HUATIAN Group analyzed that there were 4 reasons. Firstly, the interests drive some companies make the mistake, and they have no confidence on building their own brand. Secondly, some companies with the famous brands protect their own right weakly, and make the conditions worse. Thirdly, the economic order in national market is bad. Fourthly, consumers have no understanding to mark、the brand producing area, almost to products' function.
   It is revealed that, HUATIAN Group would take 3 actions to protect the brand: 1、Administration methods. 2、Judicial progress. 3、Initiative communication with the infringied companies, and publicization methods. Experts considered that the process is not only the process of administration ability advancing of company, but also the process to get understanding and support from society.
           (Article from China Industry and Commerce News. Translate by Zhujun) (17th, Aug, 2004)