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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].
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].
一些商品通过仿冒知名品牌、伪装成分描述或营造效果氛围的商标名称误导消费者 玩“文字游戏”的商标该管管了(金台视线)
Ren Min Ri Bao· 2025-07-08 21:57
Core Viewpoint - The article discusses the misleading use of trademarks by companies, which often leads to consumer confusion and potential exploitation of their purchasing decisions [1][2][3]. Group 1: Misleading Trademarks - Companies are using trademarks that create confusion, such as "一品牛肉干" which is actually a pork product, misleading consumers into thinking they are purchasing beef [1]. - Examples include "小尾花黑猪肝" which misleads consumers into believing they are buying a premium product when it is just regular pork liver [2]. - The use of descriptive terms in trademarks, like "六个核桃" or "手打"挂面, does not guarantee the product's quality or characteristics, leading to consumer misconceptions [3]. Group 2: Regulatory Issues - The article highlights that many misleading trademarks have passed regulatory scrutiny, indicating potential flaws in the trademark examination process [5][9]. - The distinction between registered and unregistered trademarks is emphasized, with unregistered trademarks being easier to misuse without oversight [4]. - There is a call for improved regulatory frameworks to prevent misleading trademarks from being registered and used in the market [10][11]. Group 3: Consumer Impact - Consumers often find it difficult to seek redress when misled by trademarks, as the burden of proof lies heavily on them [8][10]. - The article notes that misleading trademarks not only harm consumers but also disrupt fair market competition, potentially driving honest businesses out of the market [8]. - There are instances where consumers have paid significantly more for products due to misleading branding, such as "壹号土" black pork ribs priced much higher than regular options [7]. Group 4: Recommendations for Improvement - The article suggests that a multi-faceted approach is needed to address the issue, including better regulatory practices and consumer education [10][11]. - It advocates for a collaborative effort among regulatory bodies, industry associations, and consumers to create a more transparent and fair market environment [11]. - The establishment of a credit commitment system for trademark registration is proposed to penalize those who obtain trademarks through deceptive means [11].