Strengthening Trademark Protection Has Become A Top Priority.

Combating brand name and malicious rush mark: Trademark Law is in action.

Did you buy "Kang Shuai Fu" instant noodles on the train? Occasionally remember when you were in childhood, you bought "big white free" toffee? Buy Nike sports shoes to buy a half right? The funny version also includes "1BM", "seven grain liquid", "white Cola" and "Ken labor".

You may be cheated by the "creativity" of the producers, of course, more of the anger of this "Li Kui Li Gui" Shanzhai trick.

This kind of brand name behavior, borrowing the reputation of famous brands, quickly catch the eye of consumers, and further steal consumers' trust and embezzle the influence of famous brands.

What is more, the trademark system needs to be improved in different categories of commodities, and malicious preempting the same trademark with well-known brands, attempting to obtain business benefits at a very low cost.

However, the more advanced players will encounter strong rivals.

Recently, the Supreme People's Court published the provisions of the Supreme People's Court on Several Issues concerning the trial of administrative cases concerning the authorization and confirmation of trademark rights (Draft for public comment). In view of the large scale rush registration of trademarks, the draft registration stipulates that the trademark registrants obviously lack the intention of using the real intention, a large number of trademarks that apply for registration and others have certain well-known trademarks, trademarks with similar names or similar names, or lack of legitimate reasons to apply for a large number of trademarks. The Trademark Review and Adjudication Board applies the relevant provisions of the trademark law without registration or ineffective, and the people's court supports them.

Famous brand products have won the favor and loyalty of consumers with good quality and reputation.

However, with the rising value of these trademark brands, some businessmen have used various tricks to steal trademark and brand value of famous brand enterprises by means of "edge ball", trying to make consumers mistakenly assume that the product is produced by famous brand enterprises, thereby expanding sales and gaining profits, which is an unfair competition.

As we all know, "Erie" is a leading brand of dairy industry in China. Its main dairy products and related processed foods are the only Asian dairy companies that enter the world's top 10.

In June 2000, a Wenzhou businessman applied for the trademark "YiLi+ Erie" and designated eleventh types of faucets as commodities.

Despite the fact that there is no connection between the categories of goods registered and the business of Erie, its use objectively dilutes the reputation of "Yili" as a well known trademark, especially when it is used in medical devices and equipment, so that consumers can associate it with unclean substances and even cause consumers to be confused.

Finally, the court ruled that the "Erie" faucet trademark was revoked.

Recently, black mosquito repellent incense appeared on the market.

Many consumers see "black mosquito repellent incense" when shopping in the supermarket. They can't help murmur when the black people launch mosquito repellent incense. In fact, black people are good quality dental care brands under the good chemical industry. Their main products are toothpaste, toothbrushes and mouthwash, and have never produced black mosquito repellent incense products.

It is understood that the "near brand" people in addition to the "black" trademark, but also in a similar way to seize other well-known trademarks.

The industry believes that this malicious rush.

The behavior not only infringes the legitimate rights and interests of the original trademark owner, but also damages the legitimate interests of other operators who have the same business. At the same time, because consumers trust in well-known trademarks, they will infringe on the interests of consumers and the general public, and will eventually destroy the market order, consume market resources and endanger the development of market economy.

Therefore, strengthening and improving relevant laws and regulations of malicious rush registration has become a top priority.

Faced with these unscrupulous phenomenon of brand name, not only consumers need to polish their eyes, but also the government and enterprises should act positively and use the "anti" approach.

The government can learn from the practice of the United States, for example, in 1995, the United States adopted the United States Federal Trademark anti dilution law, which effectively curbed the bad businesses and extended a brand to an irrelevant product category.

The act of weakening the recognition degree of well-known trademarks.

The Chinese government is also improving relevant trademark legislation to protect the legitimate rights and interests of enterprises.

From the point of view of enterprises, we must put the "anti confrontation" on the important agenda of branding strategy, while preventing others from making malicious beforehand, enterprises should also take precautions against them, and carry out such strategies as "big occupy", "defensive occupancy" and "advance occupancy".