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三问“心机商标” :少玩文字游戏,多点真材实料
Nan Fang Nong Cun Bao· 2025-06-10 09:34
Core Viewpoint - The article discusses the controversy surrounding "clever trademarks" in the food industry, particularly focusing on the case of White Elephant Food's "Duoban" trademark, which misleads consumers regarding product weight and content [2][10][12]. Group 1: Trademark Controversy - White Elephant Food's "Duoban" trademark is criticized for misleading consumers into believing they are purchasing a larger quantity of noodles than what is actually provided [3][14]. - The term "Duoban" is a registered trademark rather than an actual weight measurement, leading to public outrage and perceptions of deception [4][7]. - The phenomenon of "clever trademarks" is not isolated, with other examples including "Yipin Beef Jerky" and "Qianhe 0" soy sauce, which also mislead consumers through similar tactics [8][26]. Group 2: Misleading Marketing Practices - The essence of "clever trademarks" lies in exploiting information asymmetry to mislead consumer perceptions [12][13]. - Companies often use visual marketing strategies that create misconceptions about product quantity or quality, as seen with the "Duoban" noodles and "Gongang" milk [15][16]. - The use of split terminology in trademarks can create positive associations in consumers' minds, further complicating the issue of misleading branding [20][21]. Group 3: Regulatory and Legal Framework - The registration of misleading trademarks often occurs because the trademark examination process does not identify them as deceptive at the time of application [39][40]. - The article highlights the challenges in trademark regulation, noting that existing laws may not adequately prevent the registration of misleading trademarks [31][38]. - Legal remedies exist for consumers misled by such trademarks, including the possibility of punitive damages and collective lawsuits [59][60]. Group 4: Recommendations for Improvement - The article suggests that stricter regulations and standards should be established to prevent the misuse of terms like "zero additives" and "natural" in marketing [71][72]. - Companies are encouraged to prioritize integrity and transparency in their branding practices to build consumer trust [76][78]. - Enhanced consumer education is recommended to help the public critically assess product labels and marketing claims rather than relying solely on trademarks [79].
调查|“一品牛”肉干竟是猪肉做的?商标文字游戏套路大起底
Bei Jing Ri Bao Ke Hu Duan· 2025-05-14 02:20
Core Viewpoint - The article discusses the rising concerns over the misuse of trademarks in advertising, highlighting the confusion among consumers regarding product labeling and the need for improved regulatory mechanisms to protect consumer trust [1][6][11]. Group 1: Consumer Confusion - Consumers are often misled by trademarks that do not accurately represent the product, such as "一品牛" which is a trademark for a product made from pork, not beef [1][3]. - The term "树上熟" used for fruits misleads consumers into thinking the fruits are ripe when they are not, leading to dissatisfaction [3]. - The "供港" label on milk products creates a false impression of being sourced from Hong Kong, while it is merely a registered trademark [4]. Group 2: Trademark Registration Issues - Current trademark registration processes are strict, but there are still loopholes that allow misleading trademarks to be registered, such as "安踏断码" which was deemed invalid [7][11]. - The article emphasizes that terms like "0添加" and "零添加" have not been successfully registered as trademarks, indicating a trend towards stricter enforcement of labeling standards [7][11]. - The lack of clear definitions for certain terms, such as "土" in product names, allows companies to exploit consumer perceptions for competitive advantage [8][11]. Group 3: Regulatory Recommendations - Experts suggest that a more robust post-registration mechanism is needed to address trademark misuse, allowing consumers and market regulators to challenge misleading trademarks [11][12]. - The article calls for enhanced enforcement of trademark laws and better clarity in trademark examination processes to prevent consumer deception [12]. - Companies are encouraged to adopt honest marketing practices and comply with trademark regulations to mitigate legal risks and foster long-term growth [12].