商标套路

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治理商标套路得下真功夫
Jing Ji Ri Bao· 2025-08-01 23:06
Core Viewpoint - The article highlights the issue of misleading trademarks in the market, where businesses use clever wording to create false perceptions about product quality, leading to consumer deception [1][2][3]. Trademark Misleading Practices - Businesses are utilizing psychological expectations of consumers by designing trademarks that create information gaps, such as "mountain-raised soil" eggs, which imply organic quality but may not deliver [1]. - The practice of splitting misleading phrases into separate trademarks, like "One Number Soil" and "Pork," makes it harder for consumers to identify potential deception [2]. Legal and Regulatory Framework - China's trademark law prohibits deceptive trademarks that mislead the public about product quality or origin, aiming to ensure fair competition [2]. - The subjective nature of trademark examination leads to inconsistencies in judging what constitutes misleading trademarks, necessitating clearer guidelines and standards [2]. Recommendations for Improvement - To prevent misleading trademarks, there is a need for continuous optimization of trademark examination criteria, including clear guidelines for ambiguous terms [2]. - The evaluation process should incorporate the actual market presentation of trademarks, simulating real usage scenarios to predict potential consumer deception [2]. Post-Registration Monitoring - Strengthening post-registration regulatory mechanisms is crucial, requiring applicants to clarify the usage and promotional paths of descriptive trademarks [3]. - Dynamic inspections of registered trademarks should be implemented to correct and penalize misleading practices promptly [3]. Market Sentiment and Business Responsibility - The increasing public intolerance towards deceptive marketing practices indicates a shift in consumer expectations, emphasizing the need for businesses to prioritize genuine quality over clever marketing tricks [3].