Ali Jingdong "Double Eleven" Trademark War

　　 1. Whether the "double eleven" trademark has been registered successfully or not? Trademark right ?

After retrieval, Ali did have several "double eleven" or "double eleven" related registered trademarks, and most of them had already approved the announcement and enjoyed the trademark right. Because this ban is targeted at other e-commerce peers, it is intended to prohibit other business operators from using the concept of "double eleven" for holiday promotion. Then, the scope of this dispute involves thirty-fifth categories of "selling for others" and so on. Service Items Therefore, the right basis for trademark exclusive right is also based on the following trademarks:

　　 Two, has registered the "double eleven" trademark, can it really restrict other electricity providers to continue to use the word "double eleven" in the promotion?

Since Ali has registered the "double eleven" trademark on thirty-fifth categories of related services, if someone else uses the "double eleven" trademark without the authorization of the same or similar service, it will undoubtedly violate the provisions of the fifty-seventh law of the trademark law and constitute a trademark infringement.

But that does not mean anything else. Online retailers From then on, there was no connection with "double eleven".

First of all, according to the ninth provision of the Trademark Law of China, "trademark applied for registration should have significant characteristics, which is easy to identify, and must not conflict with the legitimate rights of others." In fact, "double eleven" as a trademark, its significance is relatively low, because "double eleven" is a holiday, from the objective existence date "November 11th", in other words, even if Ali has registered "double eleven", but it can not prohibit others from using "11.11", "November 11th" or other variants, because the date belongs to public resources, and it can not be monopolized by any enterprise.

Secondly, in the actual use process, Jingdong, Gome and Suning providers can not only use the word "double eleven", "11.11", and so on, instead of using their registered trademarks "Jingdong", "Gome" and "Suning". According to the fifty-ninth article and the third paragraph of the Trademark Law of China, before the trademark registrant applies for trademark registration, others have already used the same or similar trademark with the registered trademark before the trademark registrant on the same commodity or similar commodity, and the exclusive right holder of the registered trademark has no right to prohibit the user from continuing to use the trademark in the original use scope, but it may require the appropriate trademark to be added to the trademark. According to the regulations, even if Ali has already registered the "double eleven" trademark on related services, it has no right to prohibit other electricity providers from continuing to use the word "double eleven" on the premise of adding appropriate differentiated identities.

Finally, although the "double eleven" shopping carnival is indeed pioneered by Ali, it has great influence in the relevant public areas nationwide. However, in recent years, because of the excessive publicity of the major electricity suppliers, the "double eleven" has gradually become a synonym for a specific holiday. Therefore, "double eleven" has been gradually diluted, though it is a registered trademark. Therefore, the trademark owner wants to prohibit others from making use of the name of a holiday by virtue of the trademark registration certificate. In practice, it is often hard to get the support of the relevant law enforcement departments.

　 Three, if other electricity providers do not stop using "double eleven", what will happen?

Through the above analysis, the conclusion has come to the conclusion that although Ali has registered "double eleven", it is doubtless that there are some difficulties in trying to monopolize public resources on the basis of such trademark registration certificates. In November 11th, other business operators avoid their edge and change the "double eleven" to "11.11". Then, combined with their own trademark, they can effectively avoid Ali's encirclement and suppression of intellectual property rights, and there is no need to stop using them.