"Totally missed it!" I only realized after refueling that it was "Zhongyuan Petrochemical"...

On March 24, the topic #中园石化碰瓷中国石化# topped the trending searches, sparking heated discussions among netizens.

Recently, a netizen from Hebei posted, “I was careless; this looks too much like Sinopec!” The netizen recalled being puzzled as to why the gas prices were so cheap, but staff explained that they were not Sinopec, but Zhongyuan Petrochemical.

Image source: The individual’s social media account

The images shared by the netizen show that “Zhongyuan Petrochemical” is in red and white, which is only one character different from Sinopec, also in red and white. The English “SNOPEC” is just missing the letter “I.”

Image source: @Sinopec

Staff related to the gas station responded that the station has been operating for over ten years and has always used this name, which has been approved.

In response, many netizens questioned whether names like “Zhongyuan Petrochemical” have a hint of trademark infringement.

According to Jimu News, reporters checked Tianyancha and found that the gas station is the Zhongyuan Petrochemical Baichigan Gas Station in Luquan District, Shijiazhuang, which was formerly known as the Luquan Zhongyuan Petrochemical Gas Station.

Image source: Tianyancha

A staff member from the Luquan District Market Supervision Administration responded that it is difficult to determine infringement solely based on the station’s name; a comprehensive assessment based on the decoration is needed, and they will send personnel for an on-site investigation.

Such situations are not isolated. According to previous reports, a gas station in Yizheng City, Yangzhou, Jiangsu Province, was administratively fined 10,000 yuan for infringing upon the registered trademark exclusive rights of Sinopec. The signage used by the station was similar to Sinopec’s official logo, which could easily confuse and mislead consumers, damaging their interests.

Lawyer: May constitute trademark infringement and unfair competition

Chen Yanhong, Vice President and Senior Equity Partner of Beijing Deheheng Law Firm, told China Youth Daily that from a legal perspective, this behavior may constitute trademark infringement and unfair competition.

According to Article 57, Item 2 of the Trademark Law of the People’s Republic of China, using a trademark that is similar to a registered trademark on the same type of goods or services without the permission of the trademark registrant, which may lead to confusion, constitutes infringement of the exclusive rights of the registered trademark. Sinopec holds the legal exclusive rights to the registered trademarks “Sinopec,” “SINOPEC,” and related combinations, which are approved for use in retail services of refined oil, and this trademark has gained high market awareness and distinctiveness through long-term use.

“Zhongyuan Petrochemical,” in the same retail service for refined oil, uses “Zhongyuan Petrochemical,” “SNOPEC,” and similar red-and-white decorations for signs, light boxes, and other commercial identifiers, which constitutes trademark use; its name is only one character different from “Sinopec,” and the visual and phonetic similarities between “SNOPEC” and “SINOPEC,” which only lacks one letter “I,” may likely confuse consumers, presenting a possibility of being identified as trademark infringement.

Furthermore, the actions of “Zhongyuan Petrochemical” may also constitute unfair competition. By deliberately mimicking the name, English identifier, sign colors, and overall layout of “Sinopec,” if there is a clear malicious intent to ride on others’ reputation, which may confuse ordinary consumers and potentially disrupt the fair competitive market order, it may also be legally recognized as unfair competition behavior.

Source: China Youth Daily, comprehensive: Jimu News, Yangzhou Traffic Radio, the individual’s social media account, netizen comments, etc.

Editor: Dai Yuchun

Reviewed by: Zheng Wei, Sun Dianyang

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