Introduction to the case

In March 2018, the market supervision and administration bureau of Qingpu district in Shanghai launched an investigation into the infringement of the exclusive right to use the geographical indication certification trademark of "Aksu apple and picture" by Zhang according to a complaint from the apple association of Aksu, the owner of the trademark.

According to the investigation, Aksu apple association registered the geographical indication certification trademark of "Aksu apple and picture" on Jan 21, 2009, with registration certificate No 5918994. Zhang has been engaging in apple wholesale and retail activities in Qingpu since September 2017. He bought apples from Shaanxi and other places, packed them into boxes with the words "Aksu" and "China-Xinjiang" on the boxes, and sold them as Aksu apples for 50 yuan ($7) per box. Law enforcement officers ferreted out 673 boxes of infringement Aksu apple on site, and the total amount of illegal business was estimated as 33,650 yuan.

According to article 60 of the Trademark Law, Qingpu market supervision and administration bureau ordered Zhang to immediately stop infringing the law, confiscated the infringing goods and imposed a fine of 50,000 yuan.

Typical significance

This is a typical case of protecting the exclusive right to use a trademark involving a geographical indication. Geographical indication registered as a trademark can be protected by the Trademark Law. Since 2009, the apple association of Aksu prefecture in Xinjiang Uygur autonomous region has effectively protected Aksu apple products and actively promoted targeted poverty alleviation and farmers' income by registering the trademark "Aksu apple and picture". But Aksu apple products are also plagued by piracy and counterfeiting. The investigation of this case and the resulting punishment effectively purified the market environment and the competition order, and protected the legitimate rights and interests of the right holders and consumers.