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    Is The Native "Foreign Brand" Invisible Stealth?

    2012/4/15 9:25:00 24

    Foreign Trademark RegistrationProfessor Chen JianminOcean VestForeign BloodLin Wujiang Lawyer ChinaAdvertising Association Academic Committee Member Wu Shenggen

    During this period, the government of Italy came to China.

    Counterfeiting

    It has opened up many mysterious veils of "pseudo Italy famous brand".


    However, it is not only Italy, but also the so-called "pseudo foreign brands" which originated from France, Germany and the United Kingdom.

    A brand of "old man" brand, which is popular in all the major commercial and commercial streets in the country, has ten different versions, from Italy to France, from England to Holland, from Taiwan to Hongkong.


    Reporters found in a number of high-end shopping malls, local brands are almost invisible, while the obscure "Dino", "lira", "Toni" and "Di Ni" are everywhere.


    These "fake"

    Foreign brands

    "Where did it come from? Why can it be so popular?"


      

    "

    Old man's head

    "Brand lineage is cluttered, no less than ten different editions.


    In February of this year, when he was away on business in Beijing, Mr. Hu spent nearly 2000 yuan on the 30.46,0.28,0.93% department store in Beijing, where he bought a pair of "old man LEONADO" brand shoes.

    "This pair of shoes has been worn in Beijing for 3 days, and returned to Shanghai, and they were put away. They were worn out for the first two days.

    Speaking of these expensive shoes, Mr. Hu is suffering from fire.


    He is thinking about how to make a statement to a businessman in Beijing. Mr. Hu has seen the news of Italy government organization's counterfeiting in China on the Internet. There is a company named Italy old people's international development (Group) Limited company in the fake list. The brand name is "old man Larento/Laorentou".

    "Are these two old heads" the same thing? Am I on the "pseudo foreign brand"? With the question of Mr. Hu, the reporter made a survey and the result was shocking.


    On the website of Wangfujing department store, Beijing introduces "old man LEONADO", one of the most famous brands in Italy and even the European clothing and leather industry. It is registered in Europe, America, Japan and China. It is known for its design and production of Italy military uniform. In 1963, the famous old man head pattern was designed as a trademark and registered successfully on the basis of the portrait of Da Vinci on the stamp.

    In 1985, the old man was introduced into the Chinese market by Huayuan, Hongkong. It was the only imported brand of leather shoes in the domestic market.

    On the website of the Italy old people's international development (Group) Limited company, the brand description is quite similar to that of the Wangfujing department store website.


    In this regard, Italy Foreign Trade Commission Intellectual Property Department Beijing studio director said that the "old people" brand in Italy no one knows, "Italy old head International Development Group" in Italy and Hongkong do not exist, "Larento" or "Laorentou" no matter as trademarks or company names, did not register in Italy, production of Italy military uniform "old man" is also a virtual fact.


    What is even more surprising is that when the journalist inquired about the brand information of "old people's head", many other "old people" were discovered. For example, the British old man who claimed to be listed in Hongkong, the old brand KASILEIDENG of Italy, the old man of France KUGUM, and the famous French entrepreneur DAI. XIAOLEI (little Lei DAI) founded by the French old man head international dress group.

    Linbayashi, there are no less than ten different versions of clothing.

    {page_break}'s website also lists information about brand counterfeiting, which indicates that many other "old people" from France, Italy and Taiwan and Macao are counterfeiting.


    By the time of the press release, many companies had deleted the introduction of "foreign blood" from the website.


    "4 years of studying in Italy, the clothing brand has not seen much in the domestic market."


    "X. Dino", "x lira", "X", "Di Nei", "X. Bohr"...

    In the men's clothing area of many shopping malls in Shanghai, the reporters found that most of the men's shoes and men's luggage and footwear brands were full of foreign flavor, some came from English, French and other Western languages, and some were long letters that didn't know how to spell them.

    Similar "Yang" size can almost account for 90% or more of men's wear counters.


    According to the reporter's observation, the middle and top grade brands of malls in malls are mostly claimed from Italy, Britain and France. But looking closely at labels, they are not found in origin, or made in China.

    These clothes are expensive, often a thousand shirts for ordinary shirts, and tens of thousands of suits.


    An overseas student joked: "I have been studying in Italy for 4 years, and I have heard that the clothing brand has not seen much in the domestic market one day!"


    Why do good domestic brands prefer to wear "ocean vest"? Wu Shenggen, member of the academic committee of the China Advertising Association, points out that corporate behavior is influenced by consumer psychology. Some enterprises are willing to take up foreign names or celebrities, often to cater for the psychological needs of the audience.

    Many consumers despise domestic brands, and shopping malls are also inclined to foreign goods in the process of investment, and feel that domestic products are low.

    This not only reflects the irrational and unhealthy consumption psychology, but also forms an invisible ridge objectively, which prevents the independent brand from overstepping.


      

    "

    Waistcoat

    There are three ways to wear, and the registration cost is not high.


    Then, how do these local brands wear the "waistcoat"? The reporter has learned from the "pseudo foreign brand" case that has been investigated and dealt with that the merchant's "waistcoat" has three sources.


    The first is that there is no foreign background at all. It is misleading to consumers by borrowing foreign geographical names on the basis of trademark registration. The second is running in the way of "domestic production and international registration".

    For example, flaunt oneself is the Italy brand, may design, the processing to the sale to complete in the domestic small factory, has nothing to do with Italy, only has registered the trademark in Italy; "the domestic production, the bonded area one day tour" the method is slightly more than the first two kinds of expenses.

    Commodities are produced domestically and then exported to European countries or bonded areas, and then they become imported products.

    Of course, the business setbacks will not be wasted, and the value of products will increase by ten times or even more times after the tour.


    For some time, the registered trademark of an enterprise has been regarded as a process of appreciation of the goods in the industry. "There is a market in the developed provinces in the south, and the demand of garment enterprises and textile enterprises is the most".


    The reporter understands that these overseas trademark registration companies mainly include Asian, European, American and other popular countries and regions. The query fees range from 500 yuan to 2400 yuan, and the minimum registration fee is 3000 yuan, the highest is about 13000 yuan.

    The longest registration period is 48 months, the shortest is only 3 months, and the validity period of the trademark is up to 10 years.

    {page_break}


     

    Counterfeiting foreign brands is a kind of invisibility.

    Cheat


    Because these brands are not used in foreign countries at all, foreigners do not understand that Chinese consumers generally do not go abroad to inquire about them. They have been promoted by the banner of foreign brands for a time, and have become a "safe and profitable" business.


    Chen Jianmin, an associate professor of law school at Tsinghua University, believes that such deception is very subtle because most consumers have no ability to distinguish between trademarks and places of origin.

    Although such behavior can not constitute fraud, it can constitute a "major misunderstanding".

    Consumers may not be able to claim punitive damages after they are discovered, but they may ask to rescind the contract.


    Lin Wujiang lawyers said that without violating the prohibition provisions of relevant laws, it is unquestionable that merchants have free choice of trade names and trademarks.

    However, if the company explicitly or imply that the product is imported, it may constitute false propaganda.

    For false propaganda, the administrative departments for Industry and Commerce may impose fines and other administrative penalties.


    In response, relevant officials of the industry and Commerce Department responded that according to the relevant laws and regulations, manufacturers as long as clearly indicate the production areas in the country, do not constitute consumer fraud.

    However, if the manufacturer falsely claims that it is manufactured abroad and then publicize it to consumers, it will constitute fraud. If consumers have evidence, they can report it to the business sector.


    In addition, legal experts suggest that legislation on company credit should be strengthened so that the company that violates the principle of good faith management should pay the price, and it can also promote the development of the market in the direction of honesty and credit.

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