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Zhang Yu's trademark rights "cause" and management
Beijing Business DailyXue Chen
Beijing Business News (Reporter Xue Chen) A trademark ownership issue that spanned nearly nine years was re-mentioned by Zhang Yu’s latest announcement. On March 8, the Beijing Business Daily reporter was informed that Zhang Yu received a number of official documents, such as corrections and warning letters, issued by the Shandong Securities Regulatory Bureau of the China Securities Regulatory Commission. At the same time, Zhou Hongjiang, general manager of Yantai Changyu Pioneer Wine Co., Ltd. and Qu Weimin, secretary of the board of Yantai Changyu Pioneer Wine Co., Ltd., were also issued a warning letter by Shandong Securities Regulatory Bureau.
It can be seen from the "Decision on the Issuance of Warning Letters to Yantai Changyu Group Co., Ltd." issued by the Shandong Securities Regulatory Bureau, which has questioned the implementation of the commitments publicly disclosed by Zhang Yu when he first publicly issued shares. Shandong Securities Regulatory Bureau said that at that time, Zhang Yu promised to collect the trademark usage fee mainly for the promotion of trademarks and trademark licensing products such as Changyu. However, from 2013 to 2017, Zhang Yu did not strictly perform the contract.
In addition, Zhou Hongjiang, then general manager, and Qu Weimin, then secretary of the board of directors, were also issued a warning letter by the Shandong Securities Regulatory Bureau. The Shandong Securities Regulatory Bureau believes that the two executives violated the provisions of Article 3 of the Measures for the Administration of Information Disclosure of Listed Companies, and will record relevant regulatory measures in the integrity file of the securities and futures market.
The "crack" and management's regulatory treatment are inseparable from the Shandong Regulatory Authority's verification of Zhang Yu's trademark and patent ownership issues. According to the Shandong Securities Regulatory Bureau, as of the end of 2018, the issue of trademark rights such as “Zhang Yu” has not been resolved; in addition to the trademarks stipulated in the “Trademark Licensing Contract”, the “Aifeibao” series registered by Yantai Changyu Group Co., Ltd. before the end of 2010 The registration of the defensive trademark has not been changed.
Since 2011, Zhang Yu’s parent company Zhang Yu Group authorized Zhang Yu to use the registered trademarks and patents. For the free use part, Zhang Yujun has not signed a license contract with Changyu Group. In addition to the fact that some trademarks and “Zhangyu” trademarks cannot be divested, the remaining trademarks and patents are subject to registration or application by Zhang Yu, but they are still used by Zhang Yu Group after registration or application.
Accordingly, the Shandong Securities Regulatory Bureau believes that this has affected the independence of the assets of listed companies. Not only that, Zhang Yu has not fully disclosed the specific performance of the “U.S. annual trademark collection fee mainly used to promote the trademark and trademark license contract products”. After investigation by Shandong Securities Regulatory Bureau, Zhang Yu did not disclose in the 2013-2017 periodic report.
Editor in charge: Fu Jianqing RF13564
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