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"Cottage" Momentum Rises, Local Brands Are Frequently "Shanzhai".

2013/5/14 20:01:00 31

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In the past two months, the dispute between Jordan and Jordan has been the dispute between Adidas and Adi Wang. After a series of disputes, the struggle for trademark competition has become the focus of attention of the industry. P

In fact, when the industry laments the situation of local enterprises that are wrapped up in the development of foreign brands with "foreign skin", another trend of "Shanzhai" is also emerging.

Guo Hui CBA has been repaid to buy back "C13A". ABC encountered "A13C", and Lun Lang men's clothing and llon business wine "entangled" for a long time...

This kind of rush to Shanzhai trademark has begun to shift to the domestic independent brand, which is impossible to guard against.

ABC encountered "A13C", llon business wine VS lon Lang men's wear -

market many people rush to register trademarks, local brands are frequently "Shanzhai" /p >

in this year's < a href= "http://www.91se91.com/news/index_z.asp" > the fifteenth shoe fair < /a >, a billboard on the brand trademark pfer of all kinds of shoes was hung on one of the booths.

So striking, it seems that we should lock the attendees' attention and attract the attention from the whole nation and even the international shoe industry.

among them, under a trademark with lion head as the main figure, it marks the four words of "Lion Brand outdoor".

The reporter's first reaction was to be puzzled.

I wonder if this brand is the outdoor brand of Jinjiang Shengshi sporting goods Co., Ltd.

for a doubt, the reporter called the pfer of the telephone on the billboard of the trademark company as a purchaser.

Mr. Li, who is responsible for the pfer of the trademark, told reporters that the company only registered a graphic trademark, adding "Four Lions" outdoor characters under the trade mark, in order to appear more influential, which might attract more buyers interested in this trademark.

In fact, these four words have been registered on the trademark, but Mr. Li further sold them to reporters, indicating that he could actually register the four words as the company's name.

originally, the lion king company did not pfer the trade mark. This is a rush trademark.

in fact, before the "Lion Brand outdoor" was hit by the edge ball, the men's brand "a", "a href=" http://www.91se91.com/news/index_p.asp "/a", was "near" by a wine merchant.

Today, the "Li Lang" wine industry, like the original ADI king, has been developing vigorously through the name of "Li Lang".

But what many consumers do not know is that there is no correlation between the two men.

reporter found that there is also a more forbidding "Shanzhai" mode: some speculators aiming at rush mark trademark or similar trademark business opportunities are constantly making profits by registering infinitely close trademarks of some local brands with better development momentum, or even confusing consumers' audio-visual.

such as sporting goods shoes and clothing brand CBA of China Fai (China) Co., Ltd., a few years ago, people were snatch the "C13A" brand. Because the "B" and "13" two can be infinitely close in design, Guo Hui sports, a legal "Shanzhai" brand, had to pay a heavy price to buy the trademark.

Now, children's shoes brand ABC also ushered in the competitor "A13C".

to this, Mr. Li, the boss of the investment company "A13C" trademark, said that it was precisely because the CBA brand enterprises had paid a lot of money to buy the Shanzhai trademarks. According to the Li said, Guo Hui had bought 300 thousand yuan for the "C13A" brand.

The statement was not confirmed by Guo Hui, so he also registered the brand name "A13C" of ABC brand enterprise.

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similar examples are numerous.

Fujian Tianheng Union (Quanzhou) law firm, Huang Lu, a lawyer who has always been very concerned about trademark registration cases, told reporters that the phenomenon of similar brands such as "Li Lang" being registered, or ABC, CBA and other brands being copied was no longer a case. Similar cases also included "Baidu" brand "EVA", "Water Cube" brand liquor, "Lin Dan brand pig feed" and so on. In society, the behavior of malicious rush to Mark trademarks is gradually flooding.

P, the vice president of del Hui (China) Limited, published an article in his Sina blog: how many "birds" brands are there in Quanzhou.

Indeed, in the brand capital of Jinjiang, it is precisely because of the large number of excellent brands that make the rush to Mark trademarks, or rush to take similar trade marks to catch the breeze or to edge the ball.

lawyer's point of view, do well in defensive registration, use legal rights, /p >

How do brand enterprises deal with trademark being snatch or being copied? Lawyer Huang Lu believes that enterprises can "snipe" snatch in four ways.

"one is the way of objection. If a registered trademark is registered at the preliminary approval notice stage, it may raise objections to the trademark office. Two, it is a dispute procedure. If the registered trademark is registered, the trademark owner or interested party may request the trademark review board to cancel the registered trademark. The three is the litigation way. If the legal objection period or the time limit for the dispute is missed, the prior trademark user may also bring a civil lawsuit in violation of the principle of" good faith "to safeguard his legitimate rights and interests.

These three methods are very important relief measures for the prior obligee after the rush registration. However, the shortcoming is that they will encounter some problems such as the difficulty of organization evidence and the strict standard of proof. Therefore, there are certain legal risks.

The best way is the fourth one, that is, defensive registration. In the case of a core trademark to be protected, we choose to register all categories of trademarks. In practice, many visionary enterprises are actively taking advantage of defensive registration to fight against others' trademark registration.

Although defensive registration will temporarily increase the cost to enterprises, but in the long run, it can reserve a lot of brand resources for enterprises, and it is also the best protection for trademark - the most sharp weapon in market competition.

Huang Lu introduced.

In the final analysis, to curb trademark rush registration, it is necessary for entrepreneurs to enhance their legal awareness of trademark rights protection and to implement their own trademark strategy. They also need legislation, administrative law enforcement and judicial organs to enhance their initiative, improve the opportunity cost and illegal cost of malicious sentries, and even require the common people to have a unified understanding and conscientious boycott against the malicious integrity of P.

Huang Lu said that he believed that in a social environment that truly pays attention to honest management and respecting solid and pioneering businesses, the malicious snatch will eventually be faced with the situation of "being alone" because of the huge moral hazard.

existing regulations have "profit space" rush registration trademark become "investment channel" .

why does the phenomenon of malicious rush registration appear in endlessly or even repeatedly?

"or ABC enterprises themselves to buy back, or I pferred to the a href=" http://www.91se91.com/news/index_x.asp "> children's shoes < /a >, this trademark is very similar to ABC, so long as children's shoes enterprises use this similar trademark, the business is not bad, because this is business opportunities.

Mr. Li told reporters that he had registered more than 1000 yuan, but the price of this trademark is at least four or even more than five figures.

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reporter has learned that there are a large number of professional rush and professional rush companies such as Mr. Li, who take advantage of the "profit margins". With the help of a large number of professional trade mark websites and trademark auctions, the malicious rush and pfer of profits have been made into industrial chains by means of high price pfer or civil claims.

For "Li Sheng Sheng", such behavior is just like a game like lottery buying. There is not much money in the registration of Shanzhai trademark, but if it is extra profit, it is a windfall.

It doesn't matter if it's not sold.

for the temptation of this kind of interests, insiders believe that this is an embarrassing situation of China's intellectual property protection, or even in a sense, this is a serious lack of technology and awareness of China's trademark registration agencies.

In this regard, Fujian Tianheng Union (Quanzhou) law firm has agreed to the lawyer Huang Lu, who has studied trademark registration.

according to Huang Lu, China's trademark law implements the principle of "registration and producing rights", ignoring the requirement of trademark use, resulting in low cost of obtaining and maintaining trademark rights, and high potential revenue, leaving a large profit margin for malicious sentries.

If the fee for a trademark application is 1000 yuan, once the registration is approved, it will be renewed once every ten years, the renewal fee will be 2000 yuan, and the annual average cost will be 100 to 200 yuan. As long as it costs a very low cost, it can grab the trademark of others and hand over the profit at a high price.

Besides, P is also one of the reasons for the crackdown on malicious trademark registration by our current law.

"The life of a trademark lies in its use," and the malicious rush to promote the prosperity of the false trademark trade, but this "prosperity" runs counter to the prosperity advocated by the state in implementing the trademark strategy and prospering the trademark market.

Huang Lu thinks.

most of the brands are indignant but few enterprises take the initiative to defend /p >

"rush to brand trademark or cottage brand, this is a lack of business ethics and psychological impetuous performance."

Hu Chengchu, a responsible person of the man's clothing, told reporters that the brand was built up by the long-term efforts of the business owners and all the staff through the painstakingly hard work of the enterprise.

In a sense, brand trademark is another kind of intellectual property right.

And the snatch is nothing more than trying to steal other people's existing results and gain profits by deceiving the consumers by means of unearned means.

although most brands express their indignation, the reporter is surprised to find that most local brand enterprises have chosen the attitude of disregard and laissez faire.

there is a registration of "A13C" trademark, the reporter interviewed Huang Weicheng ABC brand manager of children's shoes.

As a professional brand leader, his attitude towards the matter was disapproved, and he indicated that he had known about it in 2009, but the company has not made any response.

industry analysis shows that there should be several factors in the origin of this attitude: on the one hand, the brand enterprise has not been aware of it by being injured by the brand nearby; on the other hand, it is because many brand enterprises have ten weak points to protect their own brand at the early stage of development.

As it is hard to say, "no one can blame the boss for having no vision. When he started business, he just wanted to support his family. He didn't expect that the brand would become an intangible asset that could be sold."

In a word, the mood of many local brand enterprises has come out.

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"many of the brand enterprises that have been grabbed by Shanzhai have this attitude. It is not because they do not care, but because the malicious registration of the trademark will cause more trademark barriers to the application of the normal trademark, which will lead to a longer review period, and even forcing some of the normal business enterprises to abandon the registered trademarks but not all categories. At the same time, spending a lot of money and time to deal with the disputes that have been snatch will also make the brand enterprises unable to feel secure in production and operation."

Huang Lu analysis, based on this, many brand enterprises will take a laissez faire attitude to deal with the event of being grabbed by Shanzhai, hoping that those who are being snatch will not really invest in trademarks.

of course, there are also some listed brand enterprises such as Lun Lang men's clothing, in the face of cross industry brand behavior, know how to actively protect their legitimate rights and interests of brand trademarks.

Hu Chengchu said that brand enterprises must strengthen their sense of self-protection. It is necessary to soberly realize that trademarks are the face of enterprises, especially brand enterprises. They are the image of an enterprise and the culture of an enterprise. What she conveys is the concept of an enterprise and the attitude toward consumers.

Therefore, we must not allow those who steal their brains to blackmail their businesses and discredit their brand image.

For this reason, first of all, brand enterprises should have forward-looking thinking when registering, not only register the existing business scope, but also consider the industry that may be engaged in the future, and let the snatch have no holes to drill; secondly, actively strive to make their brand known as "famous trademark" or "well-known trademark", so as to further protect the trademark office. Finally, the fight against iron needs to be hardened by itself, and the enterprise itself must constantly innovate, so that the sprinter will always follow you and run continuously, and will never get down to your pace because you will never be able to keep pace with the pace of P.

Hu Chengchu said that for the sprinter and copycat brand, we should not only see who laughs best, but also who laughs last.