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The Trademark Dilemma Of Clothing Dealers At The Moment

2008/3/26 15:08:00 15

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On May 17, Lu Huangbin, general manager of Shanghai Chi Nen dress Development Co., Ltd. (hereinafter referred to as "Qi nun dress"), told a person in charge of the trademark administration of the State Administration for Industry and commerce, "I heard that you are working out the regulations on the administration of the registration of enterprise names. It would be great if you could step out of the stage as soon as possible."

Lu Huangbin's remarks came from his trademark difficulties at the moment.

10 years ago, Lu Huang Bin bought a wallet of "SATCHI" (Chinese pliteration to "Satchi").

"Satchi" was born in the early 1930s in Florence, Italy. It has long been famous for its design and custom made for European royalty.

The wallet, Lu Huang Bin, was also very easy to use. Since then, he has started the dream of promoting this famous brand in the Chinese market.

More than two years ago, Lu Jun and Huang Bin, chairman of the current chairman of Chi nun clothing, began market research.

In June 18th last year, Qi nun garments signed a contract with Satchi's brand name Daxin Leather Co., Ltd., becoming the Chinese agent of this brand.

In August of the same year, delighted Lu Huangbin chose to hold an order meeting in the oldest hotel in Shanghai.

"Dealers from all over the country came to more than 300 people."

However, when many dealers were ready to sign the order contract, something unexpected happened.

A careful dealer found that the "Satchi" clothing trademark displayed in Qi Yi dress was in English, while the dealer's previous contact was the English trademark of the grass Satchi.

Immediately, the argument that "Satchi" had "cloned" world famous brand was immediately spread among distributors.

"The final result can be imagined, the signing rate is very low, only signed a dozen."

Yuan Feng, director of marketing at Chi Nen clothing, said that so far, fewer than 20 companies have signed a contract.

"In fact, the Satchi" English trademark "is the trademark of Satchi, which is created by Singaporean Chen Qixing in Italy.

According to Yuan Feng, in the "Satchi" series of trademarks, it includes not only the English trademarks of "Satchi", but also the "SATCHICLUB" brand.

In order to maximize the effectiveness of the market, Chen Qixing delegated the right and the grass to different agents in China.

According to reports, in the case of two agents now, Chen Qixing is preparing to re authorize "SATCHICLUB" to another Chinese company.

Dealers' worries are not groundless.

"Although we all realize that the" Satchi "is the orthodox one, the situation of" cloned "top brands in the clothing market is very easy for dealers to be afraid of.

Lu Huangbin said that the test of dealers is not just a fancy dress company.

Shanghai Pan Da Industrial Development Co., Ltd. is the only agent of "Valentino Cooper" in China. As early as 1998, it began to represent the "Valentino Cooper" fashion in the Chinese market. However, Liang Xiancan, a leading industry leader, is often asked such a question: "is your Valentino really real?"

The phenomenon of "cloned" famous brand is the derivative product after the severe punishment of fake and inferior commodities in China.

With the further development of severe crackdown, if the trademark of the world famous brand is directly attached to the garment, the administrative, civil and even criminal responsibilities will be investigated according to the seriousness of the plot, and the risk of operation is too high.

Therefore, almost all the "cloned" brand names have adopted the same method of operation: first register the well-known trademarks in the mainland as their own business names, then spend more than 10 thousand yuan in Hong Kong dollars, and entrust intermediaries to register companies abroad.

For example, in Hongkong alone, more than 60 companies have the same name as the Montagut brand holders, such as the French Montagut International Group Ltd., the French Montagut group clothing company, the French Montagut (Hongkong) Company Limited, and so on, and most of the shares of these companies come from Zhejiang.

Subsequently, the companies that have registered abroad can submit orders to their own factories by way of "commissioned processing" and "authorized production".

At the same time, in the mainland to apply for registration of a trademark similar to the trademark logo, then take the trademark application acceptance notice to start selling their own production of "world famous brand".

In this way, consumers are mistaken for buying famous products abroad, and successfully circumvent the risk of violation.

Sanctions need to be perfected.

But despite the legal coat, these "cloned" brands have not been registered in the birthplaces of related brands, nor have they been registered with the international intellectual property rights international Madrid trademark registration organization.

The phenomenon of "cloned" brand names is rather serious in the mainland market, which is not related to the existing legal mechanism.

According to Xing Dongsheng, director of the trademark supervision and Administration Department of the Shanghai Administration for Industry and commerce, China has specific laws and regulations to regulate the trademark protection, enterprise name protection and anti unfair competition.

However, the illegal elements have used a single graphic trademark, a Chinese trademark and an English trademark after registration. However, there are no relevant provisions to regulate the business.

Therefore, strengthening legislation and improving laws and regulations is the key to preventing and stopping the phenomenon of "cloning" famous brand.

The regulations on the registration of enterprise names, which Huang Bin expects, will be more binding than the existing regulations on the registration of enterprise names.

The director of the Trademark Office of the State Administration for Industry and Commerce said that the new regulation, which is expected to be introduced in the year, will strictly restrict the use of the enterprise name to "clone" famous brand.

"This rule will give the registration department certain authority, and take effective measures to enforce those measures."

Although "Satchi" is still faced with the problem of being cloned, I believe that once the regulations on the administration of enterprise name registration have been put into effect, the situation of weeds squeezing crops in the market will be effectively curbed.

Lu Huangbin said, "the goal of the 50 Satchi dealers in the year can still be achieved."