Decades, fan products, “the 91 – Ministry of Defense” by Photoelectric Co. – Electronic(Z99 Plant) produced a strong brand reputation in the market. But, now this brand is compromised in a “equivocal fight each black child”, to influence business interests and the consumer …
Registration of the product has been compromised?
Talking to us, Colonel Lam Trong Dong, Director of Optical Electrical and Electronics, said: The company was established by Decision 1701/1999/QD-BQP (dated 9-19-1999) Minister of National Defence on the basis of the merger of the two businesses under the General Department of Defence Industry company – Electronics 91 (military version name is factory Z91) and optical Power Plant 23 (military version name is the Z23). Before that, from the late 80s of last century, when he was an independent business trading as Power Plant 91, Electric Co. – Electronics 91 has been associated with the electric fan products with labeled “Power of 91 – Ministry of Defense” and become brand products today (having merged with factory Z23). Currently, the company’s products are protected trademarks of authorities.
Can say, electric fans branded products “PEC – Electrical 91” was well known in the domestic market by good quality, beautiful design and reasonable price. The company has continuously achieved high resolution in the period of reward, honor products, including consecutive years (from 1999 to 2010) was voted by consumers as “high-quality Vietnamese goods”; 2007 was the “Gold Cup TOPTEN” brand goods industry reputation and quality; 2008 Winner of “Golden Globe” in the program of Fame Vietnamese enterprises WTO. In particular, from 2007 to present, brand electric fan “PEC – Electrical 91” by the Hanoi People’s Committee recognized that “industrial products of the city’s key.”
Back to trademark infringement cases. Nearly eight years ago, the Corporation produced the 91 (then known as electromechanical production facility 91 99), so he Mai Ba Loan employed, has blatantly branded produce many kinds of fans performance “REC – Electrical 91 99”. The incident was the Economic Police Department (Ministry of Public Security), the Economic Police Department Police Management Hanoi and the Hanoi market test, record, arrest and suspension. But somehow, after a few times “instead of their name change”, in 2009, Mr. Mai Ba Loan decided to change its corporate name to JSC production of 91, and labeling of goods as “DCE – Electrical 91”. Since then, business continuity shipping three product lines: tree fan, wall fan and table fan with 20 different categories. Colonel Nguyen Thi Minh, Secretary of the Party Committee, Deputy Director of Optical Electrical and Electronics: Taking advantage of the headquarters of the company (located in the town of Cau Dien, Tu Liem district, Hanoi – PV ), Joint Stock Company production of 91 performed acts of trademark infringement a systematic, deliberate nature, very sophisticated. This violation of intellectual property law, market disruption, affecting the interests of consumers and the legitimate interests of the business.
Need to return a healthy business environment
The violation of the JSC production of 91 was the verification authorities clarified. Specifically, dated 7-4-2010, interdisciplinary inspection team consists of Industrial Property Inspection (Ministry of Science and Technology) and the Economic Police Hanoi test conducted workshops of enterprises and recorded in writing, sealed, sample sent for assessment. On 28-4-2010, in Document number 836/SHTT-TTKN, Director of Intellectual Property (Ministry of Science and Technology) concluded: Fan Power DCE labeling – Electrical 91 Joint Stock Company out of 91 for trademark infringement protection PEC – electric company 91 Optical electrical and Electronics. At the same time, so this facility previously infringement of trademark rights to the same products, electric fans, so it can be considered the implementation of this engine is to deliberate and dishonest.
Then, in Document No. 35/QD-Ttra 10-5-2010 by Mr. Tran Minh Dung, Chief Inspector of the Ministry of Science and Technology, has decided to sanction administrative violations in industrial property for JSC production of 91 (the amount of 48 million) on the behavior of production of electric fans for trademark infringement “PEC – electrical 91” of Photoelectric Co., Electronics, and required to remove infringing elements with more than 600 products electric fan is infringing goods brand.
Notably Company production of 91 not only “fake” branded products, but also “fake” the military business name. As mentioned, the current Enterprise – Electronics unit 91 remains one of the two members of the Company Quang Electrical and Electronics. According to Decree No. 43/2010/ND-CP (dated 15-4-2010) by the Government on business registration, including the restrictive provisions in the corporate name is: “Do not use the name of the State agencies, armed forces units … to do all or the name of the enterprise, unless otherwise approved by the agency, unit or organization. ” Thus, the advantage of manufacturing locations near military business, the Corporation produced the 91 “equivocal” two elements: Name now get 91, coinciding with the Enterprise – Electronics 91, Product and brand match the words “base 91”. With this tactic, thousands of products labeled “Power of 91” this company has been launched to the market that consumers still mistakenly believe that products fan “base 91” by enterprises under the Ministry of National production.
Photoelectric Co. – Electronics recommend to the authorities solve the private enterprises have used the same version name of defense enterprises, and production requirements Corporation electromechanical 91 not use the trademark “Power 91” in contravention of the regulations, to stop producing the type of fan “clones” Photoelectric Co. brand – Electronics, return a healthy business environment, equality and lawful .
However, according to the Colonel, Director of Forestry in the line, product fans “DCE – the 91” produced by JSC of 91 current production continues … shipped.
Google translation for reference purpose only.
Category : IP News