Multiple Loopholes In Trademark Registration "Shanzhai Style"
Why are Shanzhai household appliances so rampant? According to the law enforcement officers of industry and commerce, according to the relevant laws and regulations, trademark registration can be used only if there is no duplicate name. Even the same name can be used in different industries. This allows small commodities and small household appliances to be used by famous brands. On the other hand, China's trademark law applies the principle of "application first" in trademark registration, stipulates that "applying for trademark registration shall not damage the prior rights of others, nor can it preemptive registration of other trademarks which have been used and have certain effects by improper means", but for the "prior rights", the trademark law does not. Clearly defined 。
Besides, for the phenomenon of Shanzhai, consumers' feelings are very complicated. On the one hand, in the field of high-tech products such as mobile phones and computers, Shanzhai products have met the needs of some middle and low end consumers, and have also gained the "connivance" of consumers. If the average price of a mobile phone is around 1500 yuan, the cottage will be around 500 yuan. And if you buy quality Shanzhai, its price performance is even higher. Some netizens who support Shanzhai think that Shanzhai enterprises not only create economic value, but also have certain social value. Through mass production of various types of commodities, Shanzhai enterprises not only provide consumers with abundant products, but also break the monopoly phenomenon of some industries to some extent.
"Brand name". Trademark registration There are many loopholes, there is no specific provision, and Shanzhai is flooding here. If it is not clearly defined, and there is no rectification of legal regulation, Shanzhai style Will grow stronger...
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