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浅析商标权与字号权的法律保护机制及冲突解决路径
Jin Rong Jie· 2026-02-12 06:28
商标权与字号权的法律保护机制及冲突表现形式 构建商标权与字号权统一保护的司法优化路径 商标与字号的法律保护在我国分属于不同体系。商标主要由《商标法》进行保护,旨在区分商品或服务 的来源,注册商标保护的范围以类别为限,在全国范围内具有排他性。字号作为企业名称的核心部分, 由《企业名称登记管理规定》进行规范,按行政区划与行业进行分级登记管理,其主要功能在于识别不 同的商事主体。虽然形式不同,但商标与字号所保护的实质内容均体现了凝结于该等载体上的商业信誉 以及由此而带来的商业利益。值得注意的是,2025年新修订的《反不正当竞争法》亦将"擅自将他人注 册商标、未注册的驰名商标作为企业名称中的字号使用"纳入混淆行为予以规制。 商标权与字号权冲突的表现形式主要分为两类,一类是在先使用的注册商标被他人作为企业字号使用, 对于该种情形,如字号部分系在相同或类似商品上突出使用,容易使相关公众产生误认的,构成对注册 商标专用权的侵害,应当由《商标法》进行规制;如字号部分未突出使用的,应当按照反不正当竞争法 下的混淆行为进行处理,但是否构成不正当竞争,还应进一步考虑是否满足"引人误以为是他人商品或 者与他人存在特定联系"的构成要件 ...
博州年货大集开集啦!
Sou Hu Cai Jing· 2026-02-08 07:48
活动现场热闹非凡,新春氛围感拉满。精彩的歌舞表演轮番登场,欢快旋律与阵阵掌声交织,点燃现场热情。博乐本地大米、香炒瓜子、优质面粉等特色 农产品琳琅满目,引得市民驻足挑选;非遗展演区人气爆棚,奶酒、民间刺绣、民族乐器等产品,让市民近距离感受非遗文化魅力;书法名家还挥毫泼 墨,免费为市民书写春联、福字。 启动仪式结束后,市民们纷纷涌入各展区采购,手提满满当当的年货,脸上洋溢着幸福笑容。"今天来赶大集太热闹了!不仅有知名品牌产品,还有很多 本土特色好物,能一次性买齐全家需要的年货,特别方便!"市民张雪颖开心地分享道。 2月7日上午,"非遗贺新春·寻味中国年"博州及博乐市2026年货大集在博乐大巴扎商业公园开集。 今年1月起,博乐市全面实施"hi购博乐"九条促消费措施,通过"国补+本级财政+企业让利"组合模式,激活房地产、汽车两大消费基本盘,联动带动家 电、数码、餐饮等七大关联行业协同发展,以真金白银让利激活新春消费市场活力。 本次年货大集作为新春特色消费场景的重要延伸,不仅丰富市民消费选择、提升消费体验,为本地商户搭建优质的产品展示与销售平台,更深度整合各乡 镇场优质农产资源与非遗文化项目,现场还设置抽红包、幸运抽 ...
市场监管总局通报47批次食品抽检不合格情况
Yang Shi Xin Wen· 2026-01-30 12:19
Core Viewpoint - The State Administration for Market Regulation conducted a food safety inspection of 2,516 samples, identifying 47 batches of non-compliant products, prompting provincial market regulation departments to initiate investigations and corrective actions [1]. Group 1: Non-compliant Products - A batch of pure sweet potato vermicelli sold by a convenience store in Shanxi was found to have aluminum residue levels compliant with national standards but did not meet labeling requirements [2]. - A batch of milk wine from Inner Mongolia was found to have sweetener levels exceeding national safety standards [2]. - A batch of sorghum raw liquor from Ningxia was found to have non-compliant levels of sucralose [2]. - Dried wild cranberry sold online was found to have non-compliant levels of food colorants [3]. - A batch of seasoning noodles from Gansu was found to have non-compliant levels of food colorants [3]. - Dried cucumber slices sold online were found to have non-compliant levels of food additives and sulfur dioxide [3]. - A batch of traditional handmade sweet potato vermicelli from Henan was found to have aluminum residue levels compliant with national standards but did not meet labeling requirements [3]. - A batch of dried plums from Xinjiang was found to have non-compliant levels of preservatives, although the producer disputed the findings [4]. - A batch of sweet potato vermicelli from Shandong was found to have compliant levels of certain preservatives but did not meet labeling requirements [4]. - A batch of tofu from Guangxi was found to have non-compliant levels of preservatives [4]. Group 2: Additional Non-compliance Cases - A batch of white fungus sold online was found to have non-compliant levels of sulfur dioxide [5]. - A batch of white fungus from Guizhou was found to have non-compliant levels of sulfur dioxide [6]. - A batch of sesame oil from Anhui was found to have non-compliant levels of ethyl maltol [6]. - A batch of red goji berries from Gansu was found to have non-compliant levels of sulfur dioxide [6]. - A batch of star anise from Shanxi was found to have non-compliant levels of sulfur dioxide [6]. - A batch of potato vermicelli from Ningxia was found to have non-compliant levels of aluminum [7]. - A batch of dried tofu from Shanxi was found to have non-compliant levels of sulfur dioxide, but the producer disputed the findings [7]. - A batch of spicy sour noodles from Henan was found to have non-compliant levels of aluminum [7]. - A batch of dried vegetables sold online was found to have non-compliant levels of sulfur dioxide [7]. - A batch of pickled radish from Shanghai was found to have non-compliant levels of sweeteners [7]. Group 3: Further Non-compliance Issues - A batch of ginger candy was found to have non-compliant levels of preservatives [8]. - A batch of dried tofu from Fujian was found to have non-compliant levels of preservatives [8]. - A batch of peach meat from Hunan was found to have non-compliant levels of preservatives [8]. - A batch of herbal tea from Anhui was found to have non-compliant levels of preservatives [8]. - A batch of sunflower seeds from Henan was found to have non-compliant levels of mold [9]. - A batch of herbal tea from Shandong was found to have non-compliant levels of mold [9]. - A batch of seafood noodles from Hainan was found to have non-compliant levels of bacteria [9]. - A batch of beef jerky from Guizhou was found to have non-compliant levels of bacteria [9]. - A batch of mushroom rice noodles from Shandong was found to have non-compliant levels of bacteria [10]. - A batch of dried beef from Inner Mongolia was found to have non-compliant levels of carcinogens [10].
蜜雪冰城也要卖啤酒了,新茶饮为什么纷纷“买醉”?
Xin Jing Bao· 2025-10-29 08:32
Core Insights - The core point of the news is that Mixue Ice City has expanded its business into the alcoholic beverage sector by acquiring a 53% stake in Fresh Beer Fulu, marking a strategic move to diversify its product offerings beyond tea and coffee [1][14]. Group 1: Company Expansion - Mixue Ice City has acquired Fresh Beer Fulu for a total price of 297 million yuan, officially entering the alcoholic beverage market [1]. - Fresh Beer Fulu, established in 2021, specializes in fresh beer products and has plans to expand to 1,200 stores across 28 provinces by August 2025 [1]. - The pricing strategy for Fresh Beer Fulu's products ranges from 5.9 yuan to 14.9 yuan, significantly lower than similar craft beer products, which are priced at one-third to one-half of the market rate [1]. Group 2: Market Trends - The tea beverage market in China is experiencing a slowdown, with a projected growth rate of only 17.6% from 2023 to 2028, compared to a compound annual growth rate of 22.5% from 2018 to 2023 [3]. - The trend of tea brands entering the alcoholic beverage market reflects a search for new growth points amid increasing competition and market saturation [3][14]. - The rise of the "micro-drunk economy" indicates a shift in consumer preferences, particularly among younger demographics, with over 60% of liquor consumption now attributed to consumers aged 18 to 35 [11]. Group 3: Competitive Landscape - Despite Mixue Ice City's leading position with over 40,000 stores, competition is intensifying from brands like Hushang Auntie, Cha Baidao, and Bawang Tea Princess, which are gaining traction with unique positioning [8]. - The transition from selling tea to alcoholic beverages raises questions about the effectiveness of low-price strategies in maintaining consumer loyalty and achieving sustained growth [14].