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商标法5年来首次修订,剑指“千禾0”“多半桶”等重大乱象
21世纪经济报道· 2025-12-24 07:35
Core Viewpoint - The long-awaited trademark law revision draft has entered the legislative review process, aiming to address issues such as malicious trademark registration and litigation, which have garnered significant social attention [3][4]. Group 1: Trademark Law Revision - The current trademark law, in effect since 1983, is undergoing its first major revision in over five years, with the draft consisting of 9 chapters and 84 articles [3][4]. - As of the end of 2024, China has a cumulative trademark registration application volume of 83.523 million, with 49.777 million valid registered trademarks, both ranking first in the world [4]. - The revision focuses on prominent issues in the trademark field, including the prevalence of malicious registrations and the phenomenon of "heavy registration, light usage" [4][8]. Group 2: Malicious Trademark Registration - Malicious trademark registration has become a persistent social issue, with cases like "Bing Dwen Dwen" and "Gu Ailing" being maliciously registered, leading to public outcry [3][4]. - The revision draft aims to prevent registrations that are not intended for legitimate use and to strengthen the protection of well-known trademarks [9][10]. - The draft specifies that applications for trademarks that are clearly beyond normal production and business needs will not be registered, enhancing the criteria for registration [9][10]. Group 3: Enforcement and Penalties - The revision includes provisions for penalties against misleading use of registered trademarks, with fines of up to 50,000 yuan for non-compliance [10]. - It also introduces measures to address malicious litigation, holding those who file such lawsuits accountable for damages [11][12]. - The draft aims to close loopholes that allow malicious trademark holders to exploit legitimate businesses through litigation [12].
白象“多半袋面”,“多半”是商标!
21世纪经济报道· 2025-06-04 09:59
Core Viewpoint - The article discusses the controversy surrounding the "Duoban" trademark used by White Elephant Food Co., with consumers questioning the marketing practices and potential misleading implications of the product labeling [1][3]. Group 1: Trademark and Product Information - The "Duoban" trademark is registered by White Elephant Food Co., and the product weight is confirmed to be as stated on the packaging, indicating no issues with the product itself [5]. - White Elephant has 14 trademarks related to "Duoban," of which 5 are registered, including "Duoban," "White Elephant Duoban," "White Elephant Duoban Bag," and "White Elephant Duoban Bucket," most of which were applied for in September 2018 [5]. Group 2: Consumer Perception and Market Response - A media investigation revealed that the "Duoban" products contain 25% to 20% more content compared to previous versions, with price increases of only about 25%, and some flavors even seeing price reductions [9]. - Legal experts emphasize that while trademark registration is a legal right, it should not mislead consumers, highlighting a growing intolerance for "trademark speculation" as consumer protection laws evolve [11].