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【世相百态】 商标不能搞成文字游戏
Zheng Quan Shi Bao· 2025-05-15 19:27
Core Viewpoint - The article highlights the deceptive practices of businesses using misleading trademarks that confuse consumers and undermine fair trade principles [1][2][3] Group 1: Misleading Trademarks - Businesses are registering descriptive terms as trademarks and combining them with product names, creating confusion for consumers [2] - These "clever trademarks" exploit information asymmetry, leading to consumer deception and violation of consumer rights [2] - The use of misleading trademarks disrupts market order and creates an environment where dishonest practices thrive, pushing out honest competitors [2] Group 2: Legal and Regulatory Concerns - The article emphasizes the need for stricter regulations to prevent the registration of deceptive trademarks that mislead the public about product quality or origin [3] - It suggests that trademark examination should extend to actual usage scenarios, requiring applicants to submit packaging designs for review [3] - There is a call for a reward mechanism for reporting trademark infringements to encourage consumer participation in monitoring [3] Group 3: Ethical Business Practices - Trademarks should serve as a promise of quality rather than a tool for deception [3] - Businesses are urged to operate with integrity, providing accurate product information instead of manipulating trademarks for unfair gain [3]
宗馥莉要做新品牌?股权纠纷未了局,娃哈哈商标归属再掀争议
凤凰网财经· 2025-05-15 14:21
来源丨凤凰网《风暴眼》 作者丨广坤 近日娃哈哈被推上风口浪尖,产品被曝光找今麦郎代工引发争议,此外,商标转让、股东纠纷也备 受关注。 对于上述舆情,娃哈哈在对凤凰网《风暴眼》的回应里提到,"因前期娃哈哈商标的转让目前尚处 于登记备案过程中,具有不确定性,为此我司不排除在近期推出全新的自有品牌,并已为此次转型 做好了相关的准备工作。" 今天2月,娃哈哈商标转让事件引发关注,娃哈哈在官方微博发布声明表示,商标转让从"杭州娃哈 哈集团有限公司"转让至"杭州娃哈哈食品有限公司"。这意味着娃哈哈商标将从由上城区文商旅集 团为最大股东的杭州娃哈哈集团,转向由宗馥莉控股最多的公司。 不过目前来看,商标的转让并不顺利。 有员工向凤凰网《风暴眼》透露,就娃哈哈商标事宜,上城区文商旅集团与宗馥莉持续谈判,有意 将持有的46%"杭州娃哈哈集团有限公司"股份转让至宗馥莉,但价格未谈拢。目前,上城区文商旅 集团处置娃哈哈问题的总体思路是出让对应股权,走招拍挂流程,不排除向第三方公司转让。 对于这一事宜,凤凰网《风暴眼》致电上城区文商旅集团,接电工作人员表示,不清楚具体情况, 以官方通报为准。 01 商标争夺战陷僵局? 目前陷入拉锯的双 ...
2025品牌日商标品牌发展会议在京召开
Sou Hu Wang· 2025-05-14 09:30
Group 1 - The conference on "Strengthening Trademark Brand Utilization and Cultivating Famous Trademark Brands" was held on May 11 during the ninth China Brand Day, focusing on promoting the transformation of Chinese products into Chinese brands [1][26] - The event was organized by the China Trademark Association and included participation from various government departments, universities, and well-known enterprises to discuss new paths and solutions for trademark brand strategy implementation [1][2] Group 2 - Lu Pengqi, Deputy Director of the National Intellectual Property Administration, highlighted the achievements in trademark brand protection and utilization, emphasizing the need for a sense of urgency in enhancing trademark brand construction and implementing relevant strategies [2][3] - Wang Peizhang elaborated on the legal, policy, management, and protection achievements in trademark brand construction, stressing the importance of understanding the concept of trademark brands as a combination of legal and economic significance [4][7] Group 3 - Chen Jiashun introduced the "white list" system for intellectual property, designed to provide services for trademark rights holders and regulatory bodies, facilitating data aggregation and information queries [6][7] - Zhang Ping discussed the alignment with high-standard trade rules and the importance of intellectual property in enhancing international competitiveness and service trade benefits [8][11] Group 4 - The Vice Mayor of Shanwei, Wen Shubin, shared strategies for high-quality development through trademark brand implementation, emphasizing the need for a collaborative mechanism among government, departments, and counties [10][11] - The Vice Mayor of Changshu, Wan Xiaojun, described how trademark brands serve as a key to upgrading traditional industries and promoting rural revitalization [12][13] Group 5 - The Vice President of Anta Sports, Fan Junwei, discussed the role of integrity in brand development and highlighted the company's global trademark registration efforts [16][17] - The Vice President of 37 Interactive Entertainment, Li Zhe, emphasized the importance of building a global brand in the gaming industry and the need for collaboration in trademark protection [18][19] Group 6 - The General Counsel of Anker Innovations, Cheng Gang, mentioned the company's extensive trademark portfolio supporting overseas development and the challenges faced in trademark registration and protection [20][22] - The CEO of Global Domain Technology, Wu Yangyi, advocated for a comprehensive protection strategy for domain names as essential brand identifiers in the digital age [22][23] Group 7 - The Deputy Secretary-General of the China Trademark Association, Zhang Yuning, reported on the progress of the famous trademark brand evaluation work, which aims to establish a trademark brand evaluation system with Chinese characteristics [25][26] - The conference concluded with a signing ceremony for a strategic cooperation framework agreement to build a "Brand Strong City" [31][33]
被卷入胖都来碰瓷胖东来风波!ZARA母公司回应了
Nan Fang Du Shi Bao· 2025-05-14 08:08
针对连日来与河南知名商超胖东来的争议,5月13日,胖都来方面向南都湾财社记者表示,目前企业法 务在处理律师函及与对方沟通一事,改名、征名事宜也在规划当中,后期将统一回复。 南都湾财社记者注意到,胖都来还发文称邀请了Inditex集团中国区总代理及数位知名KOL参与开业仪 式。Inditex为服装品牌ZARA母公司,但集团相关负责人向南都湾财社记者表示,集团中国区并无代 理,公司也没有胖都来文中提及的职工。胖都来则称"确实有授权"。 这场旋涡中,各方均遭受不同程度的非议——胖都来被指碰瓷胖东来、其创始人都建明称员工会接到辱 骂的陌生来电、给胖都来录制视频的艺人致歉时称遭受网暴、处于事件主角的胖东来"很委屈"。 有律师认为,胖都来侵权概率大,而商标权是私权,更多要看权利人是否主动维权。南都湾财社记者近 日多次致电胖东来官方,电话未能接通。 胖都来再回应争议称 公司法务正在处理律师函及与对方沟通一事 胖东来近期争议不断,其中一件"闹心"的事情便是今年5月1日,有一家名为"胖都来"的商超在浙江嘉兴 市开业。5月2日,胖东来通过官方账号回应称,已向胖都来公司成功邮寄律师函。 胖东来为河南本土知名商超,目前已有30年历史 ...
调查|“一品牛”肉干竟是猪肉做的?商标文字游戏套路大起底
"0添加""0蔗糖""其他没了""安踏断码"……近来,一系列围绕"将商标当广告用"的套路频上热搜。记者调查发现, 一方面,现行商标注册审核较为严格,消费者其实不必太过紧张。另一方面,也确实存在商标审核时无法穷尽考 量所有状况、注册成功后被商家"擦边"滥用等问题。业内人士建议,从事后处置上建立更为完善的机制,筑牢消 费信任的基石。 争议:玩"文字游戏"乱象频频 "网上买了些一品牛肉干,以为是牛肉干,谁知收到后看配料表才发现,都是猪肉做的。"北京消费者于女士提起 最近的网购经历,感到又好气又好笑。她告诉记者,仔细研究包装才明白,"一品牛"只是商标,印在包装袋的左 上角,"肉干"两个大字是产品名,印在中间。"它们用的字体一样,自然就会让人连起来读,况且一眼看去,也找 不到一个'猪'字!" 无独有偶,有网友晒出"树上熟"水果,吐槽称"半盒都是青的,还以为青的也已经熟了,一吃又酸又硬又涩。"原 来,这"树上熟"并非表示水果在树上已经成熟的状态,而只是商标。从评论看,对此有误解的消费者不在少 数,"我说怎么那么难吃,一点都不熟!" 类似的,还有"供港"牛奶。这一名称搭配促销页面的"供港奶源、香港认证"字样,难免令人产生, ...
“胖都来”,不能都这么来
3 6 Ke· 2025-05-13 02:29
Core Viewpoint - The "胖都来" incident highlights the importance of intellectual property awareness and may serve as a cautionary tale for businesses regarding trademark infringement and brand confusion [1][12]. Group 1: Incident Overview - On May 1, 2025, a shopping mall named "胖都来" opened in Haining, Zhejiang, attracting significant online attention due to its name's similarity to the well-known retail brand "胖东来" [2][3]. - The opening event featured several celebrities, including Zhao Liang and Ye Xuan, who recorded congratulatory videos that were played at the venue, further amplifying public interest [2][3]. - The name "胖都来" was quickly criticized for its resemblance to "胖东来," leading to widespread discussions about trademark infringement and consumer confusion on social media [2][3]. Group 2: Legal Response - In response to the controversy, "胖东来" collected evidence and filed a complaint with the market supervision administration, asserting that "胖都来" constitutes trademark infringement and unfair competition [2][3]. - "胖东来" emphasized its established brand identity, which has developed over nearly 30 years, and argued that the similarity in names could mislead consumers [3]. Group 3: "胖都来" Defense - "胖都来" defended its name by stating that "胖" symbolizes abundance and prosperity, while "都" is derived from the chairman's surname, asserting no direct connection to "胖东来" [4]. - Despite this explanation, public skepticism remained, with many pointing out similarities in logo design and marketing strategies, suggesting an intent to mimic "胖东来" [4][5]. Group 4: Trademark Registration Status - As of May 11, 2025, "胖都来" had not successfully registered its trademark, with applications still pending substantive examination [5][6]. - The trademark applications were filed by Zhejiang Yitao Clothing Co., Ltd., which holds an 80% stake in "胖都来," but the likelihood of successful registration appears low given the ongoing controversy [5][6]. Group 5: Regulatory and Social Media Impact - Following the incident, Douyin (TikTok) suspended "胖都来"'s account for violating community guidelines, indicating the broader implications of the controversy on social media presence [7]. - Local regulatory authorities in Zhejiang have initiated investigations into the matter, reflecting the seriousness of the allegations and the potential for regulatory scrutiny [7]. Group 6: Celebrity Involvement - Celebrities involved in promoting "胖都来" faced backlash, with Zhao Liang publicly apologizing for any misunderstandings caused by his participation, clarifying that he had no commercial ties to the brand [8][12]. - The incident has prompted discussions about the responsibilities of public figures in commercial endorsements and the need for due diligence to avoid controversies [12].
“汇源100%”为商标名称!国中水务终止收购,汇源发声明
Nan Fang Du Shi Bao· 2025-05-12 11:35
Core Viewpoint - Huyuan Juice issued a statement denying rumors about its decline and asserting that the company is operating normally and improving since its successful restructuring in 2022 [2][5][8] Group 1: Company Response and Legal Actions - Huyuan Juice responded to negative media coverage and rumors following the announcement by Guozhong Water regarding the termination of its acquisition plans, stating that such claims are malicious and damaging to its reputation [2][5][7] - The company announced a zero-tolerance policy towards false information and is taking legal action against those spreading untrue statements, collecting evidence for potential lawsuits [7] Group 2: Recent Developments and Financial Background - Guozhong Water's announcement about the acquisition of Huyuan Juice was halted due to the freezing of the target equity, which does not comply with regulations, leading to speculation about Huyuan's future [5][8] - Huyuan Juice underwent a significant restructuring in 2022, receiving 1.6 billion yuan from Wensheng Assets, with over 90% of the funds allocated for operational upgrades [8] Group 3: Market Position and Brand Recognition - Huyuan Juice claims to hold the position of "100% juice national sales champion," supported by third-party certification [2][8] - The company has registered multiple trademarks, including "Huyuan 100%" and "Huyuan NFC," indicating a focus on branding and market presence [4][9][11] Group 4: Industry Context and Consumer Perception - The juice industry is experiencing a trend towards NFC (Not From Concentrate) juices, which are gaining popularity among consumers for their freshness and lack of preservatives [13] - Concerns have been raised about misleading branding practices in the industry, with Huyuan Juice's use of similar trademarks prompting questions about consumer impact and industry leadership [13]
“胖都来”创始人现身称名字可以换!监管部门此前已介入调查
Nan Fang Du Shi Bao· 2025-05-11 01:59
Core Viewpoint - The newly opened retail store "胖都来" in Haining, Zhejiang, is facing controversy due to its name being similar to the well-known retail company "胖东来," leading to legal actions and public scrutiny [1][3]. Group 1: Company Background - "胖都来" officially opened on May 1, featuring a grand opening event with celebrity endorsements, including videos from actors and hosts [3]. - The store primarily sells clothing and is part of a larger retail complex that includes "艺博乐淘城," which sells kitchenware and furniture [4]. Group 2: Trademark and Legal Issues - The founder of "胖都来," 都建明, stated that the name could be changed and mentioned that the trademark application was accepted by the National Trademark Office [3]. - "胖东来" has issued a lawyer's letter to "胖都来" and is actively pursuing legal action, having submitted a complaint to the market supervision administration [3][4]. - As of May 6, promotional materials featuring celebrities were removed from the "胖都来" store, and its social media accounts have become less accessible [4]. Group 3: Trademark Registration Status - The Zhejiang胖都来商业管理有限公司, a shareholder of "胖都来," applied for 18 trademarks related to "胖都来" and "淘都来" on January 22, which are currently under substantive examination [4].
“三德子”卖土鸡陷“德子土”商标争议!回应称系防御性注册
Nan Fang Du Shi Bao· 2025-05-09 12:26
Core Viewpoint - The actor Zhao Liang's brand "San De Zi" is under scrutiny for misleading consumers regarding its product "De Zi Tu Ji" (土鸡), as the trademark registered is "De Zi Tu" (德子土), which may confuse customers about the product's authenticity [1][2][3]. Trademark and Consumer Misleading - The company Chengdu San De Zi Hao Zhen Xuan Agricultural Technology Co., Ltd. has registered multiple trademarks including "San De Zi" and "De Zi Tu," with the latter successfully registered on January 21, 2024, covering categories such as meat and poultry [2][3]. - Consumers have raised concerns that the branding and product descriptions on e-commerce platforms have omitted the term "Tu Ji" (土鸡), instead using terms like "Shaonian Gong Ji" (少年公鸡) and "Zhuang Nian Mu Ji" (壮年母鸡) [2][3]. Company Response and Practices - The company claims that "De Zi Tu" was a defensive registration and that the main trademark has always been "San De Zi." They have begun changing packaging to remove the "De Zi Tu" branding since early April 2024 [3][4]. - The company asserts that their chickens are raised in a free-range environment and are fed grains, although there is no standardized definition for "Tu Ji" [3][4]. Previous Violations - The company has a history of violations, including a fine for false advertising related to food labeling, where they used misleading terms like "Mountain Free-Range Gu Shi Ji" (山地散养固始鸡) [4]. - This incident is not the first controversy for Zhao Liang, who faced backlash for his association with a store name similar to a well-known retail brand, leading to an apology and clarification of his non-commercial involvement [5]. Market Presence - The "San De Zi" official flagship store has gained significant traction, boasting over 1.1 million followers and sales of 605,000 units [5].
直播间卖“德子土鸡”,结果“德子土”是商标名
Zhong Guo Xin Wen Wang· 2025-05-09 05:22
Core Viewpoint - The controversy surrounding the sale of "Dezi Tuji" (德子土鸡) by actor Zhao Liang, where the brand name "Dezi Tu" (德子土) is a registered trademark, has raised questions about misleading marketing practices in e-commerce [1][8]. Trademark Registration - Chengdu San Dezi Hao Zhen Xuan Agricultural Technology Co., Ltd. applied for the "Dezi Tu" trademark in July 2023, classified under international category 29, which includes meat and poultry products [6][7]. - The company has also applied for additional trademarks such as "Dezi Tuji," "Dezi Tuzhu," and "Dezi Tuyan," all under the same international classification, with their status currently pending substantive examination [6][7]. Marketing Practices - Zhao Liang clarified that the use of "Dezi Tu" and "Dezi Tuji" trademarks is to prevent malicious registration and emphasized that the brand sold is "San Dezi" (三德子), claiming the chickens are authentic free-range chickens [8]. - The product descriptions in the online store have been altered from "free-range native chicken" to "free-range ecological chicken," indicating a response to the controversy [8]. Legal Implications - Legal expert Zhao Zhanling pointed out that the marketing of "Dezi Tuji" could mislead consumers into thinking "native chicken" is a core selling point, which may violate consumer protection laws [11]. - If the chickens sold do not meet the standards for native chickens, it could constitute false advertising, and the trademark "Dezi Tu" could be challenged for being misleading [11][12]. Consumer Rights - Consumers have the right to be informed and to choose based on accurate product representations, as highlighted by the concerns over "heartfelt trademarks" that may mislead consumers [12][14]. - The recent "Special Action Plan to Boost Consumption" emphasizes the importance of creating a trustworthy consumption environment [13].