Wenzhou Investigates Shoe Enterprises' Illegal Trademark "Famous Trademark"
China's famous trademark "gold lettered signboard" can be manufactured in a pipelined way?
Can the recognition of ordinary arbitration committee become a shortcut for Chinese enterprises to acquire famous trademarks in China?
On the two day before yesterday, the Longwan industrial and commercial department has investigated and dealt with three illegal cases that have been awarded the so-called "well-known trademarks" by the Municipal Arbitration Commission and marked the "well-known trademarks" on the product packaging.
According to the city commerce and Industry Bureau, the State Administration for Industry and Commerce has confirmed that it is the latest illegal phenomenon to identify "well-known trademarks" through arbitration. It is not only invalid, but also a violation of the "well-known trademark" advertisement.
Arbitration is invalid
The "golden brand" of "China's famous trademark" is an intangible asset with high gold content.
Once, well-known trademarks are very rare in the eyes of Chinese people, because they are signs of quality and credibility.
For enterprises, once their products are identified as well-known trademarks in China, the corporate value will suddenly increase.
Because of the scarcity, the threshold is also very high.
Last month, the law enforcement department of the Longwan industry and Commerce Department found that many local shoe manufacturers had "well-known trademarks" on the packaging. These trademarks were "nowhere in the list" in China's well-known trademark libraries.
But business owners insist that they get the title of "well-known trademark" through formal channels.
Investigation by law enforcement officers found that these enterprises were basically operated through intermediary companies in a streamlined manner and were identified as "well-known trademarks" by the arbitration tribunal of the Zhaotong Arbitration Commission of Yunnan province.
Each enterprise pays about about 300000 yuan or about 400000 yuan for its cost.
After having been verified by the provincial commerce and Industry Department and the State Administration for Industry and commerce, the Municipal Industry and Commerce Department decided that this is a new illegal act and must be resolutely dealt with.
Two days before yesterday, under the deployment of the Municipal Industrial and commercial bureau, the law enforcement officers of the Longwan industry and Commerce Department launched a unified law enforcement action in Yongxing and Yongzhong district. The three businesses of Ho Kang shoes, Yongsheng shoes and Ou Shifeng shoes were investigated according to law.
According to one of the executives involved in the case, last year, an intermediary in the city came home several times to pmit all kinds of benefits to the well-known trademark. Through arbitration, it was a new shortcut and promised to do all the formalities.
Mr. Wang commissioned an intermediary agency and paid 372 thousand yuan to the intermediary and the Zhaotong Arbitration Commission.
At the end of last year, Mr. Wang successfully obtained the award of the Zhaotong Arbitration Commission and the instrument that the trademark was recognized as a well-known trademark.
According to Sun Yuanzhong, director of the market discipline division of Longwan industrial and commercial bureau, the three companies involved in the "famous trademark" advertisement have violated the relevant regulations and made false and false propaganda about the products.
In addition to stopping the illegal act immediately and eliminating the impact, it may also impose a fine of more than 10 thousand yuan or less than 200 thousand yuan on the basis of circumstances.
兩種途徑合法
The way to identify well-known trademarks can be divided into two types: Industrial and commercial administration and judicial identification.
The former is responsible for the Trademark Office of the State Administration for Industry and Commerce and the Trademark Review and Adjudication Board, and the latter is determined by the people's court in the trial of trademark dispute cases according to the requirements of the parties and the specific circumstances of the cases.
According to the analysis of the industry, the differences between the two are: the well-known trademarks in China identified by administrative means have strong authority in the national industrial and commercial administrative system. The industrial and commercial administrative departments at all levels in the country have strengthened their protection according to the special protection requirements of the well-known trademarks; and the well-known trademarks identified through the court cases are identified only by a specific Court (intermediate or high court) that heard the case. Compared with that, the determination of the well-known trademark in the court system or the local business department of the court will be highly authoritative, but the actual effect of the industrial and commercial administrative departments in other parts of the country is not yet certain.
At present, through the guidance of the industrial and commercial departments, a number of enterprises that have obtained well-known trademarks through judicial channels are making two declarations of administrative recognition in order to improve the brand gold content.
Recently, a number of provinces have exposed a series of judicial corruption cases due to well-known trademark fraud.
Some well-known trademarks have also been "lost" due to fraud.
However, when the judiciary finds that the well-known trademarks are becoming tighter and tighter, and a lot of measures have been taken to crack down on counterfeiting in China, it is a great help for Wenzhou enterprises to spend money on buying "famous trademarks" through another form of fraud.
The purpose of selecting well-known trademarks is to encourage enterprises to promote the production of famous brands by improving the quality of products or services.
However, the well-known trademark fraud and well-known trademark flooding have deceived consumers, undermined the market fairness, disrupted the market order, and damaged the credibility of the government and the judiciary.
The market is well known or not, and the market is on the public.
Rather than spending money on brand names, you should first do a solid job.
It is worth mentioning that no matter what purpose the enterprise can make false cases, especially in respect of honor, it is not allowed to be false.
Once fraud is discovered, enterprises will not only be subject to administrative and legal sanction, but will also cause a fatal blow to the image of the enterprise and ultimately lose the hearts of consumers.
Such as Shantou Kang Wang Fine Chemical Industry Co., Ltd. fraud, through the judicial determination to defraud the case of China's well-known trademark, is the first domestic exposure of well-known trademark fraud case.
After being exposed by the media many times, the corporate image and sales of the market have plummeted.
Do not spend money to buy a pseudonym!
Source: Wenzhou daily
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