Workflow
商标
icon
Search documents
角落里的“商标须知”不是“免罪金牌”
Huan Qiu Wang· 2025-07-18 12:27
Core Viewpoint - The controversy surrounding the misleading trademark "Three-Minute Miracle" highlights the increasing public awareness of trademark usage and the demand for fair advertising practices by businesses [3][4]. Group 1: Public Awareness and Regulatory Environment - The public's heightened awareness of trademarks indicates a growing concern over misleading advertising practices that can distort consumer perceptions and undermine market competition [3]. - In 2023, regulatory guidelines were refined to address misleading absolute terms like "national-level" and "highest-level," reflecting a commitment to curbing exaggerated claims in advertising [3]. Group 2: Trademark Registration and Usage - The essence of a trademark is to distinguish goods or services, and the trademark law mandates that registered trademarks must have distinct characteristics and not conflict with existing rights [4]. - Businesses face challenges in trademark registration, needing to navigate a vast number of existing trademarks while ensuring their own trademarks stand out [4]. Group 3: Legal and Ethical Considerations - Trademark law prohibits deceptive marks that could mislead the public regarding product quality or origin, emphasizing the importance of honesty in trademark usage [5]. - The existence of disclaimers like "trademark notice" does not absolve businesses from legal responsibilities if the trademark itself is misleading [5]. Group 4: Regulatory Recommendations - To combat misleading descriptive trademarks, a comprehensive regulatory framework is needed, including stringent registration reviews and the involvement of third-party organizations for risk assessment [6]. - The use of technology, such as AI and big data, is recommended to enhance monitoring of trademark usage and identify misleading practices [6]. - There is a call for clearer regulations to delineate the boundaries between reasonable trademark use and false advertising, alongside improved inter-departmental collaboration for enforcement [6].