HOME - NEWSOn April 15, 2014, the Trademark Review and Adjudication Board (TRAB) made the ruling No. 058425, which recognized that the No. 9602166 trademark Hai Yalao applied by Qinzhou Island Food Co., Ltd. for registration on the 29 categories of eggs, egg powder, salted eggs and other goods was similar to the trademark Hai Ya of Ningbo Yameizi Food Co., Ltd. After receiving the ruling, Qinzhou Company was greatly shocked. It caused a sensation in the industry, which was reported by Guangxi News Net, Southern Morning Post and other media.
Sea Duck Egg Dispute Report
Sea duck eggs refer to the eggs produced by ducks living in mangrove forests along the coast, mainly fed on fish, shrimp, crabs, shellfish, and algae from the beach. Guangxi is the largest producing area of sea duck eggs, and the output accounts for more than 70% of the country. However, Ningbo company has applied for the trademark with the word Hai ya, which has also been identified as a famous trademark in Zhejiang. Any prominent use of the word Hai ya on eggs and its products without the authorization is suspected of infringement. That is, if the case maintains the original decision, Ningbo company can rely on effective legal documents to carry out rights protection nationwide. Guangxi sea duck egg industry may be devastated and forced to change its name.
After accepting the commission, the Firm presented Agricultural Ministry Announcement No. 1813 and Order No. 11, proving that Qinzhou sea duck egg belongs to geographical indications, and the word "sea duck" belongs to the generic product name on the egg commodity. On April 20, 2015, Beijing First Intermediate People's Court made judgment that Hai Yalao and Hai Ya trademark did not constitute a similar, ruled to revoke the original ruling. The appeal was rejected. The judgment actually found that third parties, including Qinzhou company, can prominently use the word Hai Ya on egg products, avoiding the crisis of changing names. At present, Guangxi's sea duck eggs industry has developed into one of the top ten specialties. Qinzhou and Beihai have vigorously cultivated industry chain, driving the poor to increase their income . According to a report on March 5, 2021 from Guangxi Agriculture Department , there are 35 duck egg processing enterprises in Beihai City, processing about 3.5 million duck eggs per day, equivalent to 2,500 tons. Annual processing accounts to 91.25 million tons, with an output value of 2.2 billion yuan, the production. Processing and sales of duck eggs have become a powerful weapon for poverty alleviation.
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