Rui Qi tools rush to register "Quanfeng" trademark violation of professional ethics

There was a case in which the company disputed the "Qingfeng" trademark dispute after more than three years of harassment by Nanjing Quanfeng International Trade Co., Ltd. (hereinafter referred to as "Quanfeng Company") and Shanghai Ruiqi Tools Co., Ltd. (hereinafter referred to as "Ruiqi Tools"). Preliminary results. The Trademark Review and Adjudication Board of the State Administration for Industry and Commerce that accepted the case dismissed Rui Qi Tools’ application for objection to trademark requests.

Recently, the author contacted the State Administration for Industry and Commerce and confirmed that the ruling book was true and correct. Quanfeng Company disputed the case of the “Quanfeng” trademark (hereinafter referred to as the objection trademark) and disapproved of the Trademark Office’s (2008) Trademark Opinion No. 08717. On December 15, 2008, it applied to the State Administration for Industry and Commerce for review. The review decision was made on May 31, 2010.

The contents of the ruling of the General Administration of State are as follows: There is trade between the applicant's Quanfeng company (former objector) and the original respondent's Ruiqi tool (formerly opposed) before the application for registration of the objection trademark. Wu Ming Hall, the legal representative of the original respondent and one of the shareholders, was also the legal representative of Ruiqi Tools. The original respondent had trade contacts between the applicant and Ruiqi Tools, the company name of Quanfeng Company and English. The fact that the company name "CHERVON" corresponds to the Chinese company "Quanfeng" should be known, but it is still on the same or similar products as the applicant's electric hand tools and other products or related products such as non-manual hand tools. When an application for registration is opposed to a trademark, the original respondent's application for registration of the objection to the trademark constitutes damage to the applicant’s prior name right. Therefore, the reason for the opposition review of the applicant was partly established and the objectioned trademark was not approved for registration.

Sun Yang, the brand manager of Quanfeng China (China) Tool Sales Co., Ltd., told the author that since 1993, due to the sincere cooperation with customers and the unremitting pursuit of refined services, the company has established an excellent reputation in the industry and completed the construction. The five product lines have the outstanding strength to provide excellent solutions for the world's best customers.

In 2007, Quanfeng launched an industrial-grade power tool brand for the Chinese market - a lot. After its great tools came out, it was fully recognized by the industry with excellent product quality and high-quality customer service, and quickly became the top four electric power tool brands in China.

"Ruiqi is a listed company, although it is a publicly traded company. However, the act of sleuthing our trademark is unjustified and lacks professional ethics. The industry is also not recognized," Sun told the author. The ruling is also the final verdict. Reasons to appeal.

Rui Qi tools can make sinister mistakes According to the survey, on June 7, 2010, Qiqi Tools' initial listing application was approved by the GEM Board. Many investors are not worried about the company's listing prospects.

It is worth pondering that Rui Qi’s tool specifically mentions the risk of product quality accidents in the prospectus submission, but the facts and related impacts of its products being listed as “non-conforming products” by the industrial and commercial departments are in the prospectus. There is no mention in the word.

A Shanghai Industrial and Commercial Bureau's “Summary Sheet for Quality Monitoring of Power Tools in the Circulation Area of ​​Shanghai Administration of Industry and Commerce” disclosed in April 2010 showed that the model specifications produced by Ruiqi Tools are 5627N (M1Y-SH01-180), and the production date is Circular saws on the 2009.9.8 date, as well as angular grinders with model specification 9916B (S1M-SH06-100A) and production date 2009.2.16 were monitored as "flags and instructions" failed.

"The so-called signs and instructions mainly refer to the product's name, trademark, rules of use, and instructions for use." A person from the Consumer Protection Division of Shanghai Industrial and Commercial Bureau explained to the author that "according to the relevant product standards promulgated by the state, Tools and other products, if the signs and instructions are not qualified, can determine the product is not qualified."

In addition to product identification, there seems to be a quality problem in the products of RQ. On December 30, 2009, China Quality News Network first disclosed the results of the quality supervision and inspection of the 12th products of electric tools and electric blankets by Gansu Quality and Technology Supervision Bureau. In the list of 112 unqualified products, Ruiqi Tools Co., Ltd. produced The standard model "SIM-SH13-100B" angle grinder is also impressively listed. The unqualified item is "The power connection and the external soft cable and cord are not qualified".

It is understood that for Ruiqi Tools, the company has been on the blacklist of regulatory agencies for more than one time due to product issues. As early as July 2007, Yinchuan Quality Supervision Bureau conducted sampling inspections on 24 batches of electric tools from 11 companies. The "KEN" J1Z-SH09-10C type drill produced by Ruiqi Tools was also included in the "non-conformity". Black list."

The risk of product quality accidents has also been specifically mentioned in the draft of the prospectus disclosed by Qiqi. The company stated that according to the "Consumer Protection Law" and "Product Quality Law", manufacturers and manufacturers need to bear the joint responsibility for quality accidents. Therefore, once the company's products have quality accidents that cause damage to consumers and property, Will have an adverse effect on the company's production and operation.

In contrast, the asymmetric representation of the risk of its products in the Rui Qi tool prospectus seems to be deliberately concealed. The serial products lacked the necessary safety instructions and warnings, and the mistakes were low-level and puzzling.

The author recently contacted several people who had used Ruiqi products. A lady in Jinan told the author that "I bought a Shanghai Ruiqi electric stirring tool last year and it took just 2 days for a lot of problems, oil spills and The noise is very loud. If you find the retailer to say a minor problem, repair will be fine."

The RQ tool involves a sharp increase in the performance of related-party Ruiqi tools in recent years. However, the customer's pass-through tool and supplier Yongkang Beli's operating performance related to its relationship with the company is not satisfactory.

The first thing that the market thinks of when it comes to related-party transactions is the fairness of the transaction. It is precisely because of this that in order to protect the interests of all shareholders, the supervision and inspection of listed companies' related transactions has become increasingly strict. However, for the Ruiqi tools actually controlled by Wu Ming Hall and Ying Yinglin, in the process of rapid growth in the past three years, there have been a large number of supply and distribution transactions with related companies controlled by Wu and his relatives. It is not for investors to question the market competitiveness of Ruiqi Tools.

According to a Shanghai Stock Exchange report, the prospectus shows that the operating revenue of Ruiqi Tools from 2007 to 2009 were 19,694,000 yuan, 277,870,000 yuan and 31871,100 yuan, respectively, while the net profits created during the same period were 19.95 million yuan, 29.97 million yuan, and 4253 yuan. Ten thousand yuan, the growth rate of performance in 2008 and 2009 reached 50.22% and 41.91% respectively. According to its introduction, the company's sales of its own brands in the past three years accounted for more than 76% of the total revenue, ODM business accounted for nearly three years from 12.61% to 23.92%. In addition, the total sales revenue of Ruiqi Tools in the past three years to five customers accounted for 26.58%, 42.48% and 32.79% of the current operating income.

In addition, Shanghai Tong Diamond Tools Co., Ltd., which has been ranked in the top two of Rui Qi Tools' clients in the past three years, also has a strong “Hui family background”. The company is mainly engaged in the distribution of electric tools and is the main distributor of Ruiqi Tools in Shanghai. When the drilling tool was first established in 2005, Wu Ming Hall and Ying Yuan Lin Zeng held a total of 10% of their equity, and Yingshou also held 15% of its equity. Or to circumvent the suspicion of affiliated transactions in the future, Wu Ming Hall and Ying Yinglin transferred their shareholdings in January 2008. In February 2009, they transferred their shareholdings to the natural person who should be Guangyuan. A 100% equity stake in the drill tool until today. The other status that should be Guangyuan is the cousin of Ying Ying Lin, the actual controller of Ruiqi Tools.

Not only that, but also the controlling company of the company who has purchased the equipment from upstream of the Qiqi tool has also appeared in Wu Ming Hall. According to the data, Yongkang Beili Tools Co., Ltd. has become the largest supplier of Ruiqi Tools for two consecutive years in 2008 and 2009. Among the shareholders of the company, Wu Shiqiang and Wu Shixiong (each holding 50%) It is the nephew of Wu Ming Hall.

It is easy to see that companies controlled by relatives of Wu Ming Hall and Ying Yinglin are among the top five customers and suppliers of Ruiqi Tools, and they are in accordance with the criteria for identifying related parties in the “Accounting Standards for Business Enterprises”. , Individuals of the company’s major investors and their close family members will be regarded as related parties of the company. It is not surprising to see the problem of the Ruiqi tool trademark.

Some experts pointed out that "close family members" should not be defined only by the family relationship. Family members who are also closely related to individual investors or key management personnel are those that may affect the transaction with the company. Individuals or family members affected by the individual.

Corporate governance confusion?

According to the report of Shanghai Securities News, in the process of the rapid growth of Ruiqi Tools's performance in the past three years, the grassroots employees have undoubtedly made a "significant contribution". However, the company's infringement of the interests of employees has occurred from time to time.

According to the Qiqiqi tool prospectus, the number of people paying for housing estates in 2007, 2008, and 2009 was only 7, 13 and 28 respectively. Taking 2009 as an example, according to the aforementioned provisions, as of the end of 2009, the number of people who had paid for Ruiqi Tools' housing *** was 93. Against this background, the company has only paid 28% of the corresponding housing *** on the grounds that it provided the staff with a free dormitory with a total area of ​​4,988.6m2 to help employees solve their housing problems.

According to the person in charge of Ruiqi Tools, since 2007, the company has not paid housing for some urban employees. From 2010 to 2011, the company strictly abide by its commitments, and no violation of commitments occurred.

The company’s controlling shareholder and actual controllers Wu Ming Hall and Ying Yinglin’s wife issued the “Commitment Letter on Housing *** Issues” and promised to: if the relevant competent authorities determine that the company should pay for the employees’ housing *** or incurred If the company is punished, or the company is submitted by any interested party in any way concerning the housing mortgage, he or she will fully and unconditionally bear the mortgaged housing without any consideration of the company. *Payments, compensation or compensation payable to the relevant equity party, and all late fees and penalties that may arise therefrom.

The author interviewed several employees who worked in the Ruiqi tool. When asked about the housing *** problem, several of the staff members did not want to talk about this issue, and it was doubtful whether they were unclear or asked the responsible person to shirk.

Experts said that whether it is to reduce operating costs or for other purposes, Ruiqi tools unilaterally refuse to pay for housing through staff quarters***, not only failed to fulfill its corresponding obligations, and thus deprived the relevant employees enjoy** The right of **, it is not difficult to see the chaos of Ruiqi tools in corporate governance.