以下文章来源于21世纪经济报道 ，作者21记者 21世纪经济报道 . 权威、专业、深度、有趣！用经济思维看世界。 互联网新闻信息服务许可证编号：44120180007 市场和业内期盼已久的商标法修订草案终于进入立法机关审议程序。12月22日，商标法修订草案首次提请全国人大常委会会议审议，修订草案共9章 84条。 早在2023年1月，国家知识产权局就公布了商标法修订草案征求意见稿，直到现在上会审议，征求意见稿已经历近3年的打磨。 这期间，商标恶意注册和恶意诉讼屡屡引起社会关注，"冰墩墩""谷爱凌"等被恶意抢注为商标，"树上熟""白象多半桶""壹号土猪"等带有欺骗性的 注册商标被曝光。 这也是此次修法针对的重点。国家知识产权局局长申长雨介绍，此次商标法修订坚持问题导向，聚焦商标领域突出问题，完善商标注册、管理和保护 制度，并把实践中一些成熟的做法上升为法律。 那么，如何才能根治商标恶意注册和恶意诉讼？ 01 恶意注册商标屡禁不止 中闻律师事务所律师王国华认为，商标恶意注册已成为社会顽疾，成因在于注册人注册商标并不是以正当使用为目的，而是为了搭便车，蹭知名品牌 的商誉。 现行商标法于1983年施行，先后经过4次小规 ...

记者丨王峰 编辑丨李博 市场和业内期盼已久的商标法修订草案终于进入立法机关审议程序。12月22日，商标法修订草 案首次提请全国人大常委会会议审议，修订草案共9章84条。 早在2023年1月，国家知识产权局就公布了商标法修订草案征求意见稿，直到现在上会审议， 征求意见稿已经历近3年的打磨。 这期间，商标恶意注册和恶意诉讼屡屡引起社会关注，"冰墩墩""谷爱凌"等被恶意抢注为商 标，"树上熟""千禾0""白象多半桶""壹号土猪"等带有欺骗性的注册商标被曝光。 这也是此次修法针对的重点。国家知识产权局局长申长雨介绍，此次商标法修订坚持问题导 向，聚焦商标领域突出问题，完善商标注册、管理和保护制度，并把实践中一些成熟的做法上 升为法律。 那么，如何才能根治商标恶意注册和恶意诉讼？ 恶意注册商标屡禁不止 现行商标法于1983年施行，先后经过4次小规模修正，此次为5年多来首次大规模修订。 截至2024年底，我国累计商标注册申请量8352.3万件，有效注册商标已达4977.7万件，均位居 世界第一。 但同时，商标领域出现了一些新问题：恶意注册商标行为屡禁不止；商标"重注册、轻使用"现 象比较普遍，商标不当使用花样翻新；商标侵 ...

Core Viewpoint - The company "Haitian" has experienced a significant decline in market value, losing nearly 500 billion due to the "double standard" incident, raising questions about its future recovery [1][24]. Group 1: Market Value Decline - In 2021, Haitian's stock price peaked at 125.54 yuan, with a market value exceeding 700 billion [3]. - By April 2024, the stock price plummeted to 36.89 yuan, resulting in a market value around 200 billion, indicating a loss of nearly 500 billion in just three years [3][20]. Group 2: Double Standard Incident - In 2022, it was revealed that Haitian's soy sauce sold domestically contained additional food additives compared to the version sold internationally, which only included water, soybeans, salt, sugar, and wheat [5]. - This discrepancy led to public outrage, with consumers questioning why domestic products contained more additives [11][13]. Group 3: Consumer Trust and Response - Despite Haitian's explanations that its practices comply with domestic laws, consumer trust has not been restored, and many remain skeptical about the safety of its products [9][22]. - The company has attempted to launch new products and improve online sales channels, but these efforts have not significantly reversed the decline in stock price or market value [17][20]. Group 4: Competitive Landscape - Competitors like Qianhe Soy Sauce have capitalized on Haitian's troubles by introducing "zero additive" soy sauce, further eroding Haitian's market share [17][22]. - The increased availability of alternative brands has made it difficult for Haitian to regain its former market position, as consumers now have more choices [22]. Group 5: Lessons Learned - The incident highlights the importance of consumer perception regarding food safety, and Haitian's failure to adequately address the issue has led to a lasting impact on its brand reputation [24]. - The company is urged to learn from the "double standard" incident to avoid similar pitfalls in the future [24].

Core Viewpoint - The recent invalidation of the "Qianhe 0+" trademark by the National Intellectual Property Administration has reignited discussions about misleading marketing practices in the food industry, particularly regarding claims of "zero additives" [1][2]. Group 1: Trademark and Consumer Perception - The "Qianhe 0" soy sauce was previously criticized for cadmium detection, leading to public scrutiny of the "0+" trademark and its implications for product content [1]. - Many consumers mistakenly believe that trademarks containing "0" or "0+" indicate that products are entirely free of additives, while companies argue that such claims depend on the ingredient list [1][2]. - The invalidation of several trademarks, including "Qianhe 0+", aligns with consumer expectations for transparency and honesty in product labeling [1]. Group 2: Misleading Marketing Practices - Numerous products utilize misleading labeling practices, emphasizing "zero additives" while only omitting specific ingredients, creating a false impression of overall purity [2]. - Companies often exploit consumer desires for safety and health by blurring the lines between trademark claims and actual product content, leading to potential consumer deception [2][3]. - The recent regulations from the National Health Commission and the State Administration for Market Regulation prohibit the use of terms like "not added" or "zero added" in food labeling, aiming to standardize and clarify food product information [3]. Group 3: Corporate Responsibility and Ethics - Companies are urged to maintain integrity in their branding and marketing, as misleading practices can erode consumer trust and damage long-term brand reputation [3][4]. - The emphasis on clever marketing tactics over genuine product quality can lead to short-term gains but ultimately risks losing consumer loyalty [4]. - A commitment to quality and transparency is essential for companies to build lasting success and avoid the pitfalls of misleading advertising [4].

Core Viewpoint - Qianhe Flavor Industry is committed to responding to the "dual reduction" policy on food additives by adopting a "simplified formula" approach, increasing R&D investment, and innovating technology to produce healthier seasoning products with simple ingredients and natural flavors [1][3]. Group 1: Company Strategy and Development - The company plans to complete the renewal of product packaging and labeling by the end of the year to comply with the new national food safety standards [1]. - Qianhe Flavor Industry has invested over 400 million yuan in R&D since its listing and holds 112 related patents, combining traditional techniques with modern technology to achieve additive-free and traceable production [2]. - The company aims to enhance product development by increasing R&D investment and scientifically restoring ancient brewing techniques to meet consumer demand for healthy seasoning products [1][2]. Group 2: Compliance and Quality Assurance - Qianhe Flavor Industry's products have passed national quality inspections with a 100% compliance rate since 2014, including soy sauce, vinegar, cooking wine, and oyster sauce [2]. - Recent inspections by the Sichuan Provincial Market Supervision Administration confirmed that 23 batches of Qianhe's products met national standards for brewed soy sauce, with no preservatives or sweeteners detected [2]. Group 3: Market Performance - The company has seen a 35% month-on-month increase in sales on online platforms such as Douyin, JD, and Tmall, as well as improved sales in offline supermarkets like Walmart and Hongqi Chain [3].

Core Viewpoint - The article emphasizes the importance of proper trademark usage as a fundamental aspect of market order, highlighting the need for systemic improvements to address the increasing prevalence of misleading trademarks in the market [1][3]. Group 1: Trademark Misuse and Consumer Trust - Trademarks should serve as a reliable link between companies and consumers, but recent cases show that they have become misleading tools, causing confusion among consumers [1][2]. - The controversy surrounding the "half bag" noodles from Bai Xiang ended with an apology and a commitment to adjust the packaging, indicating that the company managed to maintain its reputation despite the issue [1][3]. - There is a growing trend of misleading trademarks, such as "0 sugar" beverages and "tree-ripened" fruits, which have gained significant public attention and concern [1][2]. Group 2: Regulatory and Systemic Recommendations - The article suggests that individual case rectifications are insufficient; a more comprehensive regulatory framework is needed to prevent misleading trademarks from entering the market [3]. - Trademark examination agencies should exercise caution regarding descriptive terms that are commonly understood by the public to minimize misleading registrations [3]. - Establishing a trademark "combinatorial usage" registration system is proposed to enhance transparency and accountability in trademark usage [3].

Core Viewpoint - The discussion surrounding the "Qianhe 0" trademark and "zero additive" soy sauce has brought the topic of consumption upgrades and food safety in the Chinese soy sauce market into the public eye, leading to a more rational market perspective on condiment consumption [1][2]. Group 1: Market Performance - In May, Qianhe Weiye's online sales increased by approximately 35% compared to April, driven by early promotions for the 618 shopping festival on e-commerce platforms [1][3]. - Offline sales also saw a significant rebound, with a 20% increase in May compared to April, particularly in major retail chains like Walmart and Hongqi [3]. - During the Dragon Boat Festival, Qianhe Weiye conducted 625 promotional activities nationwide, resulting in a 31% increase in sales compared to May [3]. Group 2: Regulatory Changes - The introduction of new regulations by the National Health Commission and the State Administration for Market Regulation aims to standardize food labeling, prohibiting terms like "no additives" and "zero additives" on pre-packaged foods, with a two-year transition period before full implementation [2]. - Qianhe Weiye plans to comply with these new regulations by adjusting product labels to eliminate the "zero additive" wording where applicable [2]. Group 3: Consumer Trends - There is a growing consumer demand for healthy condiments with simple ingredients and natural flavors, reflecting a shift towards health-conscious consumption [4]. - The increasing scrutiny on food safety and quality has created opportunities for companies that can guarantee product quality, while also leading to a market shakeout [5][6]. - Qianhe Weiye's commitment to transparency in its ingredient sourcing and production processes has garnered recognition from authoritative media, reinforcing its brand credibility [5][6].

Core Viewpoint - The article discusses the prevalence of misleading trademarks in various industries, particularly in food and consumer products, highlighting the deceptive practices that mislead consumers about product characteristics and quality [1][3]. Group 1: Misleading Trademarks in Food Industry - Bai Xiang instant noodles' trademark "多半" misleads consumers into thinking they are purchasing a "多半袋" (half bag) of noodles [1]. - Other examples include Qianhe's soy sauce labeled as "千禾0" implying zero additives, and Yuanqi Forest's tea products that confuse "0 sugar" and "0 cane sugar" [1]. - Brands like Pucheng Dairy and various noodle brands use terms like "高端无添加" (high-end no additives) and "手擀" (handmade) to create false impressions about their products [1]. Group 2: Deceptive Practices Beyond Food - The article notes that misleading trademarks are not limited to food, with electronic products using terms like "120W" that may not reflect actual power [3]. - Brands create confusion by using similar names to well-known brands, such as "小天才特×" and "胖都来," which can mislead consumers [1][3]. Group 3: Trademark Registration Issues - The trademark registration process includes formal and substantive reviews, but subjective interpretations can lead to misleading trademarks being approved [3]. - Some applicants exploit loopholes by splitting trademarks or applying in multiple categories to bypass scrutiny [3]. - Examples include the "壹号土" trademark, which could mislead consumers into thinking it relates to "土猪肉" (local pork) [3]. Group 4: Importance of Integrity in Business - The article emphasizes that integrity is crucial for businesses, especially in the food industry, where consumer health is at stake [4]. - Companies must be accountable for the authenticity of their trademarks to build consumer trust in product quality and safety [4]. - Regulatory bodies are encouraged to monitor and penalize businesses with invalid trademarks to maintain market integrity [4].

Core Viewpoint - The controversy surrounding White Elephant instant noodles stems from the misleading use of the trademark "Duoban" (meaning "more than half"), which consumers interpreted as indicating a larger quantity, rather than a brand name [1][2][3]. Group 1: Trademark Issues - The term "Duoban" is confirmed to be a registered trademark of White Elephant, not an indication of increased product weight [4][5]. - White Elephant's other trademark applications, such as "Duoban" bags and buckets, have been rejected and are currently invalid [5][6]. - The "Duoyiban" (meaning "more than half") product only offers a 25% increase in noodle quantity compared to standard products, raising further consumer concerns [2][7]. Group 2: Industry Trends - The phenomenon of "trademark edge cases" is prevalent in the food industry, where companies exploit descriptive terms to mislead consumers [2][11][13]. - This practice reflects a deeper conflict between corporate profit motives and consumer rights protection, as companies prioritize market share over transparency [3][14]. Group 3: Consumer Reactions - Following the revelation about the "Duoban" trademark, public backlash against White Elephant has intensified, with consumers expressing disappointment and distrust [16][18]. - The incident highlights the gap between consumer expectations for brand integrity and the reality of misleading marketing practices [18]. Group 4: Company Background - White Elephant Food Co., established in 1997, focuses on producing high-quality noodle products and has expanded its operations across multiple provinces in China [10]. - The company has completed a B+ funding round, attracting investments from notable firms like Fosun Group and GF Securities [10]. Group 5: Regulatory Context - The use of misleading trademarks contradicts the principles outlined in the Trademark Law, which mandates honesty and transparency in marketing [14][15]. - The National Food Safety Standards require that food labeling be truthful and objective, further emphasizing the need for compliance in marketing practices [14].

Core Viewpoint - The article discusses the resurgence of Lianhua MSG, a Chinese brand, after overcoming negative perceptions and rumors about MSG's health risks, highlighting the importance of accurate information and effective marketing strategies in the food industry [1][19]. Group 1: Health and Safety of MSG - MSG, primarily composed of monosodium glutamate, is deemed safe by organizations like WHO and FAO, with extensive research supporting its safety as a food additive [3][4]. - Common health concerns regarding MSG, such as its potential carcinogenicity and links to hair loss or obesity, lack scientific backing, and MSG contains less sodium than table salt [5][6]. - The nutritional comparison shows MSG has 8160mg of sodium per 100g, significantly lower than table salt's 39311mg per 100g, indicating that using MSG can help reduce sodium intake [6]. Group 2: Historical Context of MSG in China - MSG was first isolated by Japanese chemist Ikeda Kikunae in 1908, leading to its commercialization as "Ajinomoto" [8][10]. - The production of MSG in China began with Wu Yunchu's water hydrolysis method in 1923, which broke Japan's monopoly and established domestic production [10][12]. - Lianhua MSG emerged as a leading brand in the 1980s, achieving a market share of 43% and becoming the first MSG stock in China by 1998 [12][19]. Group 3: Market Dynamics and Competition - The entry of multinational companies promoting "chicken essence" in the early 2000s led to a significant decline in MSG's market share, as these companies successfully rebranded consumer perceptions [12][14]. - The negative portrayal of MSG was exacerbated by the "Chinese restaurant syndrome" narrative, which originated from a 1968 letter in a medical journal, despite MSG being recognized as safe by the FDA since 1959 [15][16]. Group 4: Revival Strategies for Lianhua MSG - Post-bankruptcy, Lianhua MSG utilized new media to reshape consumer perceptions, showcasing production processes and innovative product ideas like "MSG cocktails" and "MSG ice cream" [19][24]. - The company reported over 100 million in net profit in 2024, indicating a successful turnaround and revaluation of the brand in the market [19][24]. Group 5: Food Safety and Public Perception - The article emphasizes the need for rigorous food safety regulations and accurate public information to combat misinformation and restore consumer trust in domestic products like MSG [20][24]. - It advocates for a multi-faceted approach to food safety communication, combining traditional and new media to effectively educate the public about the safety and benefits of MSG [24][25].