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    Trademark Law Carries Out The Famous Brand'S "Brand Sword" After The Withdrawal Of The Well-Known Trademark.

    2014/5/4 9:48:00 68

    Trademark LawWell Known TrademarkBrand Building

    < p > < strong > new packaging > /strong > /p >


    < p > < strong > < a > href= > http://www.91se91.com/news/index_c.asp > Jin enterprise < /a > high cost < /strong > /p >


    < p > < strong > less than /strong > /p > from products and services.


    On the morning of April 14th, P, the sun shines through the windows and shines on the bonsai of the office.

    However, Li Chengliang, a good neighbor marketing director, has no intention of enjoying all the good things around him.

    After lunch, Li Chengliang hurried into the office and called for a meeting.

    < /p >


    The bags used for good neighbor products are all produced a year ago. If the bags can't be used again, the waste and loss will be at least one million yuan. P

    How can we reduce the loss? Li Chengliang has had a headache. He told reporters that after the new "a href=" http://www.91se91.com/news/index_c.asp "trademark law < /a > was introduced, good neighbors first announced the dealers nationwide, and promoted the circulation of products through promotions or policies.

    Even so, faced with inventory, Li Chengliang felt very helpless.

    < /p >


    < p > according to the fifty-third provision of the new trademark law, if the enterprise violates the fourteenth regulations that explicitly prohibit the "well-known trademark" for publicity, it will be ordered by the industry and commerce authorities to correct it and impose a fine of 100 thousand yuan.

    < /p >


    < p > "we all pack materials according to the annual plan. Although the production of old bags is stopped in time, the quantity of materials in the inventory is still very large, and the amount converted into RMB is about 2 million yuan. These are the losses of enterprises."

    Li Chengliang said that these stocks can only be destroyed.

    < /p >


    < p > food packaging is a large quantity of consumable, accounting for about 15%-25% of the product cost.

    Last August, when the new trademark law came into operation, it was in the peak season of the food industry. Many enterprises had already placed orders for packaging, especially large scale well-known trademark enterprises, which could reach millions of orders at a time, which could basically be one year or one and a half years' production needs, plus the products needed to circulate in the market for more than half a year.

    < /p >


    < p > at present, Jinjiang's food enterprises have identified 5 well-known trademarks in China, namely Fuyuan (Pan Pan food), golden crown, good neighbors, yako and crayon.

    Since August last year, these enterprises have begun to remake the packaging, but there are many varieties and specifications that involve "well-known trademarks". The old version of the packaging materials has large inventory and is difficult to digest in the prescribed time.

    "Most of the packaged food is forbidden to be sold, while the amount of" famous trademark "covered by stickers is large.

    If all shelves are recalled, the cost of loss will be huge. "

    Li Chengliang said.

    < /p >


    < p > not only in the food industry, but also in other industries.

    < /p >


    < p > "whether it is production or recycling, repackaging is not a burden for enterprises, and if it really starts in May, time is too tight and unrealistic."

    A shoe manufacturer who has won the title of "well-known trademark" said.

    Especially for enterprises like them, the words "well-known trademarks" are directly printed on the shoes through a unified mold. If we want to recycle these products that have been manufactured, we need to redevelop the new last type.

    < /p >


    < p > although the declaration of well-known trademarks often costs a lot of energy for enterprises, the implementation of the new regulations is the only choice for enterprises to abandon this "golden signboard".

    A few days ago, the SAIC issued the notice on the implementation of the revised "trademark law of the People's Republic of China" on issues related to the convergence of the old and new laws. It can be exempted from punishment for the use of the words "well-known trademarks" in commodities, commodity packaging or containers, and before May 1, 2014, which has entered the circulation field, which gives enterprises a certain buffer time.

    < /p >


    < p > < strong > < < a href= > http://www.91se91.com/news/index_c.asp > > famous trademark < /a > will return to the essence < /strong > /p >


    < p > 2001, when the famous trademark appeared in the second revision of the trademark law, it intended to extend the scope of trademark protection for some famous trademarks, which could be better protected across categories and across domains, so as to prevent infringement of "brand name".

    But in recent years, well-known trademarks have changed because of many reasons.

    < /p >


    < p > "for example, a brand may have done well before, but after getting the" famous trademark ", it can relax the quality control, reduce the quality, or arbitrarily authorize the brand.

    Therefore, the commodity is labeled with the "well-known trademark", which does not necessarily indicate that its quality is superior to that of the similar product.

    And businessmen often take this well-known trademark vigorously to publicize, carry out marketing, and enhance the popularity of trademarks.

    Insiders told reporters.

    < /p >


    Less than P, some time ago, Ms. Wu, who lives in Qingyang, was hesitant about buying which summer shirt.

    "Buy this brand, the logo of" well-known trademark ", the quality must not have to say.

    The salesgirl's enthusiastic advice was recognized by Miss Wu.

    < /p >


    When reporters interviewed the salesgirl, "P", she told reporters that under normal circumstances, clothing marked with "China's famous trademark" is generally easy to get customers' favor, and sales are several times or even more than ten times that of other similar commodities.

    "As long as we have a well-known trademark logo, the general consumer will be regarded as a product of high reputation and good quality."

    The salesgirl admitted to the reporter, "many consumers buy things in the mall, they will first look at whether the products are well-known trademarks, and then look at the style and price of the products.

    If they are well-known trademarks, they will think that the quality should not be a problem, and I will strongly recommend customers to buy this brand of products.

    < /p >


    < p > "for the enterprises with brand maturity, the prohibition of" China famous trademark "has little impact on them.

    Lin Qunfeng, general manager of Jinjiang branch of Pan Pan food, told reporters that through the brand accumulation over the past few years, consumers' recognition of Pan Pan foods has been very high. Even if the "famous Chinese brand" is discontinued, it will not cause too much impact on the brand of Pan Pan foods.

    < /p >


    < p > "although many enterprises are still unable to accept it, we have to say that the new version of the trademark law finally renown the well-known trademark, and let the well-known trademark really return to the standard of trademark protection. The well-known trademark is not an honorary title, but essentially a protection of the trademark."

    Wu Huan, director of the Trademark Bureau of Jinjiang industrial and commercial bureau, said.

    < /p >


    < p > Wu Huanxin said that the purpose of the law to give a well-known trademark a higher level of protection is to encourage the market participants to operate honestly, protect their trademarks and enhance their own business reputation, so as to create a personalized brand.

    At the same time, it can better solve the legal disputes such as trademark registration, trademark infringement and related unfair competition.

    < /p >


    Since P last year, Jinjiang industrial and commercial enterprises have visited the well-known trademark enterprises in the area for many times to do field visits and do related investigations and publicity work.

    At the same time, all well-known trademark enterprises in Jinjiang were organized to participate in the training video conference on the amendment of the trademark law, which was organized by the provincial council. At the meeting, the "reminder reminder on the correct use of well-known trademarks" was distributed to the Jinjiang industrial and commercial bureau.

    It is also necessary to remind enterprises to make further self-examination of the well-known trademarks, packages, advertisements, etc. as soon as possible, change commodity packages, modify advertising contents, and digest existing inventory as soon as possible, so as to ensure that after May 1st no longer produce or sell products marked "well-known trademarks" or publicize "well-known trademarks".

    < /p >


    "P >" in a long period of time, as long as we can get this name through judicial certification, the well-known trademark in China has lost its corresponding significance. Perhaps Chinese well-known trademarks are the important stages of the brand building on the road, especially in the marketing activities.

    We have been working hard to get this recognition, but I think in the long run, the real competitive power of enterprises is to work hard from the products or services of the enterprises. "

    Xu Rongsheng, chairman of the lion brand outdoor company, told reporters.

    < /p >


    < p > in the view of Chen Huanyao, an intellectual property consultant, the impact of "well-known trademarks" on enterprises can not be viewed unilaterally.

    From the perspective of enterprise cost, enterprises will be fined if they use the word "famous brand" in China. Enterprises should pay attention to handling and recycling products sold or not sold with the words of Chinese well-known trademarks, try to recover products that are still circulating in the market, and correctly handle products that have not yet entered the market.

    If it can not be recovered in time, we should try to keep the time evidence (contract, outgoing list, regular bill, etc.) of the product flowing into the market, otherwise it will make the enterprise suffer unnecessary economic losses.

    However, from the perspective of product quality, well-known trademarks can not be used, and products return to "original source", which enables enterprises to focus on product quality rather than advertising.

    < /p >


    < p > from a trademark point of view, after the well-known trademark can not be publicized, how can enterprises enhance their brand endorsement? Huang Jinjie, an intellectual property consultant of Heng Du Intellectual Property Agency Limited, thinks that enterprises should pay attention to the well-known and famous trademark application, identify, perfect, standardize and protect trademarks in time, and register as many brands and categories as possible.

    At the same time, enterprises should pay attention to the quality of products. Only by quality can consumers truly think that you are the real Chinese well-known trademark, so as to win the fame and share of the market again.

    < /p >


    Chen Huanyao also holds the same view on < p >.

    "China's well-known trademark is considered by many people to be a proof of the quality of the product, but in fact it is not.

    After the implementation of this law, consumers will have a clearer understanding, so enterprises should seize the consumers from the quality of products.

    He said.

    < /p >


    < p > Chen Huanyao thinks that it takes a long time to create a brand, such as brand promotion, product marketing, corporate culture and so on.

    A registered trademark is only the first step in creating a brand. Creating a brand should be more than just a registered trademark. Instead, it is necessary to plate trademarks into consumers' familiar brands and register them into the hearts of consumers.

    What enterprises need to do is to guide consumers to "recognize" brand consumption, strive to improve the quality of products or services, pay attention to the quality of products or services, and win the market share again.

    In addition, attention should also be paid to the application of local well-known and famous trademarks for identifying or striving for local brands, which will help enterprises to enhance brand awareness.

    < /p >

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