The inversion of word order caused controversy. ＂Learning and thinking＂ sued ＂thinking and learning＂ for infringement claim of 1 million.

　　[If the column is opened]

　　Intellectual property protection is the cornerstone of the socialist market economy, the need for innovation-driven development and the standard of international trade. The state emphasizes that strengthening the protection of intellectual property rights is the most important content to improve the property rights protection system, and it is also the biggest incentive to improve China’s economic competitiveness.

　　In recent years, with the implementation of intellectual property strategy as the core, Wuhan has carried out in-depth efforts to build a national intellectual property city, accelerated the formation and improvement of a work pattern that integrates "strict protection, great protection, quick protection and common protection" and created a fairer, more just and efficient business environment.

　　In reality, the popularization of intellectual property knowledge is still a long-term process. This newspaper has specially opened a column of "Protecting Intellectual Property Rights by Case", and through concrete and vivid cases, let the public know the necessity and importance of intellectual property protection, strengthen the protection of intellectual property rights such as patents, trademarks and copyrights, use intellectual property rights to promote innovation and development, and strive for market initiative.

　　Wuhan Evening News (Reporter Liu Ruiche correspondent Dong Li intern Fan Renfeng) Whether the word order of trademarks is reversed is "next to famous brands". On the 21st, the reporter learned from the Intellectual Property Court of Wuhan Intermediate People’s Court that Beijing "Learn and Think" sued Wuhan "Learn and Think" for infringing its exclusive right to use a registered trademark and unfair competition, claiming 1 million yuan. Finally, the court ordered Wuhan Learn and Think to stop infringing the related trademarks and compensate 300,000 yuan, but it did not support the existence of unfair competition.

　　The reporter learned that Beijing Xueersi Education Technology Co., Ltd. (hereinafter referred to as Xueersi) sued Wuhan Hongshan District Sibersi Training Center (hereinafter referred to as Sibersi), arguing that Sibersi infringed on the exclusive right to use registered trademarks and unfair competition. In March last year, the Municipal Intermediate People’s Court held a public hearing on the case.

　　Learning and thinking claims that the investigation in China found that thinking and learning used the logo of "thinking and learning" and "thinking and learning education" in the store, publicity and promotion of enterprises, which was highly similar to the trademark of learning and thinking. In view of the fact that the registered trademark of "learning and thinking" has accumulated a high reputation, the defendant’s trademark infringement and unfair competition can easily lead to public confusion and misunderstanding, and the defendant should bear corresponding legal responsibilities.

　　Learning and thinking put forward corresponding litigation requests: asking thinking and learning to stop using trademark infringement with the same or similar logo as "learning and thinking" in the field of education and training services; Immediately stop the unfair competition behavior of using the name of "Wuhan Hongshan District Si Erxue Training Center" in education and training service business activities, and compensate the economic losses and reasonable expenses totaling 1 million yuan.

　　Thinking and learning argue that "thinking and learning", as the abbreviation of the name, has been widely used in service activities in 2008. The time of using the logo of "thinking and learning" is earlier than the registration time of the trademark of "learning and learning", which has influence and popularity in the local market. Taking "thinking and learning" as the font size in the name has no intention or necessity to cling to the registered trademark involved or the plaintiff’s goodwill, and does not violate the principles of good faith and fair competition.

　　The focus of the dispute in this case is: whether the use of logos such as "thinking and learning" and "thinking and learning education" infringes on the plaintiff’s exclusive right to use a registered trademark; Secondly, whether the use of the name "Wuhan Hongshan District Thinking and Learning Training Center" constitutes unfair competition.

　　The City Intermediate People’s Court held that according to the Trademark Law of People’s Republic of China (PRC), the plaintiff Beijing Xuesisi Company, as the registrant of trademark Xuesisi, should enjoy the exclusive right to use a registered trademark.

　　There is only a difference in the order of words between the logo used by the defendant Hongshan Thinking Center and the most remarkable word "learning and thinking" in the plaintiff’s trademark. If only general attention is paid, the relevant public will easily confuse the two. Therefore, the defendant infringed on the exclusive right to use the registered trademark of Xuesisi.

　　However, the defendant’s use of the name of "Wuhan Hongshan District Si Erxue Training Center" does not constitute unfair competition. Hongshan Sisi Learning Center was established on April 2, 2009, earlier than the registration date of Xuesisi trademark. The reasons that constitute acts of unfair competition lack factual basis and are not supported. It is determined that Hongshan Sisi Learning Center should compensate Beijing Xuesi Learning Company for its economic loss of 300,000 yuan.

　　After the first trial, Wuhan Sixue appealed to the Higher People’s Court of Hubei Province. In May this year, the Higher People’s Court of Hubei Province held in the second instance that the judgment of the first instance found that the facts were clear and the applicable law was correct and should be maintained.

　　Lawyer Yao Qin, a partner of Beijing Dacheng (Wuhan) Law Firm, said that the defendant used the name first, but did not apply for the trademark in time, so the legal protection was weak and the registered trademark was protected by law. Learning and thinking, thinking and learning, are the same as words, but the order is reversed, which is still easy to be confused from the consumer’s sense. According to the trademark law, it is considered that infringement has occurred.

　　Any business entity cannot do without the brand, which is mainly protected by trademark law, reminding business organizations to apply for trademark in time, and not only brands, such as slogans, words, patterns and enterprise names that are prominently used in business activities, should apply for trademark protection. Typical things, such as Tsinghua University applying for more than 300 trademarks for Tsinghua, started the protection mode.