The carnival atmosphere of the “double 11” has not yet dissipated. However, the two e-commerce giants Alibaba Group Holding Co., Ltd. (hereinafter referred to as “Alibaba”) and Beijing Jingdong three hundred and sixty degree e-commerce Co., Ltd. (hereinafter referred to as “Jingdong”) filed a lawsuit with the State Intellectual Property office due to the trademark dispute. < / P > < p > the cause of the case is Jingdong’s cancellation application against Alibaba’s “double 11” registered trademark. After reexamination and examination, the State Intellectual Property Office maintains the registration of the trademark in advertising and other services, but cancels the registration of the trademark in many services such as business management assistance. As a result, Alibaba and Jingdong both said they were not satisfied and filed administrative proceedings with the Beijing Intellectual Property Court. On the contrary, if the majority of netizens think that the key to the case is that most of the netizens think that the “intellectual property rights” of sina’s dual dominant court is the cognition of the majority of netizens. Another lawyer believes that it is difficult for Alibaba to maintain the trademark right when the “double 11” trademark is gradually diluted to a common name. According to the official website of Beijing Intellectual Property Court, the court held a public trial on two administrative cases concerning the “double 11” trademark between Alibaba and Jingdong on November 10. Both cases involved Alibaba’s application for registration of “double eleven” trademark in category 35 advertising and other services in 2011, and the court conducted a combined trial. Looking back on the dispute between the two sides, Alibaba launched the “double 11” Shopping Festival in 2009, which set off a new upsurge of e-commerce consumption. In 2011, Ali applied for registration of the “double 11” trademark and was approved the following year. In 2014, an open letter circulated in the industry showed that Alibaba’s tmall platform required the major media not to issue promotional advertisements with the words “double 11” for other e-commerce enterprises. < / P > < p > with the “double 11” Shopping Festival blooming in all major e-commerce platforms, JD also applied for registration of “double 11. Double 11 and picture”, “Jingdong double 11”, “double 11. Double 11 on Jingdong and map” and other trademarks around 2014. Different from the “double 11” trademark registered by Alibaba, it has been approved by the State Intellectual Property Office. < / P > < p > the positive conflict between the two sides began in July 2017. Alibaba group applied to the State Intellectual Property Office to declare the similar trademarks of JD invalid, and obtained the support of the State Intellectual Property Office and the court of first instance, but JD was not satisfied with this. Article 49 of the Trademark Law of the people’s Republic of China stipulates that if a registered trademark becomes the general name of the goods approved for use or is not used for three consecutive years without justifiable reasons, any unit or individual may apply to the Trademark Office for cancellation of the registered trademark. Accordingly, JD filed a cancellation application with the State Intellectual Property Office in November 2018, claiming that Alibaba did not use the “double 11” trademark during the three-year period from November 13, 2015 to November 12, 2018. < / P > < p > in the first review, the State Intellectual Property Office held that the use evidence submitted by Alibaba was valid and continued to maintain the registration. Jingdong is not satisfied and will apply for reexamination to the State Intellectual Property Office in September 2019. The State Intellectual Property Office of the people’s Republic of China (SIPO) reexamined that Alibaba had made real and effective use of the “double 11” trademark in the services of “advertising; displaying goods on the communication media for retail purposes; and promoting sales for others”, and maintained the registration and maintenance of trademarks in these services. However, it is not used in “business management assistance; business information; providing business information and suggestions to consumers (consumer advice agencies); organizing commercial or advertising fairs; classification of computer database information; accounting; looking for sponsorship”, and the registration of trademarks in this part of services is revoked. < / P > < p > for the re examination results, Alibaba is not satisfied with the part whose registration has been revoked, and JD is not satisfied with the part that maintains the registration. Therefore, they filed a lawsuit with the Beijing Intellectual Property Court, and Alibaba and Jingdong are the third parties in each other’s cases. In November and October, the court did not pronounce a sentence in court after the two cases were publicly heard. Before the press release, the two cases are still in trial. < / P > < p > first, whether the trademark in dispute is actually used in category 35 “advertising”; displaying goods on communication media for retail purposes; promoting for others; business management assistance and business information “; second, whether the evidence submitted by Alibaba can reflect that the trademark in dispute has established a corresponding relationship with Alibaba, whether it reflects” advertising “; whether it is for retail purposes Third, whether the signs related to “double 11” and “double 11 global Carnival” belong to the use of unchanged significant characteristics. In short, the core proposition of this case is: “double 11” is the unique trademark of Alibaba, or does it refer to the shopping festival jointly participated by major e-commerce platforms, many businesses and consumers? < p > < p > for the “double 11” trademark involved in the case, you Yunting, senior partner of Shanghai Dabang law firm, told Sina legal questions, “this name is not obvious from the perspective of trademark law, so if you want to apply for the trademark, you must prove that it has been used to obtain significance. < p > < p > the point of view of alifang is that I put forward this name first, and I used it first and achieved remarkable results. Jingdong and other e-commerce platforms will think that in the process of using the name, all e-commerce websites, including many shops on the streets, use this name. It is not Alibaba’s use that makes it remarkable. < / P > < p > at this time, it depends on how the court determines the relevant public. In this case, that is, the cognition of all netizens. If the court thinks that the majority of netizens think that “double 11″ is unique to Ali, alibaba will dominate, otherwise, Jingdong will prevail. ” Guan Bing, a partner of Tianda Gonghe law firm, pointed out to Sina legal questions that the fundamental purpose of trademark registration is to enable consumers to distinguish the source of goods or services, so registered trademarks should be significant and identifiable. < p > < p > initially, in 2011, when Alibaba applied for the “double 11” trademark, the trademark, as an invented word, had certain significance, so it was registered. However, with the passage of time, “double eleven” has gradually become the pronoun of “e-commerce platform Shopping Festival” in the public’s cognition, and its trademark attribute has gradually weakened. The public has already linked the “double 11” with the discount promotion activities of e-commerce platforms around the date, instead of establishing a unique corresponding relationship between the trademark and Alibaba. < / P > < p > in addition, “double 11” itself also has the meaning of November 11. As a proxy for a specific date, Alibaba can not enjoy monopoly rights over it. < p > < p > therefore, she believes that it is difficult for Alibaba to maintain the trademark right when the “double 11” trademark is gradually diluted to a common name. Even if Alibaba continues to enjoy the trademark right, it is difficult to exclude the use of the word “double 11” in promotional activities around November 11. < / P > < p > it is worth mentioning that sina legal query can retrieve 172 trademarks by using “double 11” as the keyword on the China Trademark website under the Trademark Office of the State Intellectual Property Office. In addition to Alibaba, there are also companies in various fields such as cultural media, food and beverage, advertising design, medical technology, network services, and even many natural persons. The people’s court newspaper commented that “commercial competition is normal, and reasonable and orderly competition should also be accepted and encouraged by the market. It is expected that the” three withdrawal “system can make more rational use of trademark resources in the future and return to its proper nature. This “double 11” trademark dispute stems from the huge economic interests of e-commerce platforms. In fact, for businesses, the protection of consumers’ rights and interests should be put in the first place. Only in this way can the “trademark dispute” finally win its place. ” Chinese version of K-car: reading a10e design drawing exposure