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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].
【世相百态】 商标不能搞成文字游戏
Zheng Quan Shi Bao· 2025-05-15 19:27
Core Viewpoint - The article highlights the deceptive practices of businesses using misleading trademarks that confuse consumers and undermine fair trade principles [1][2][3] Group 1: Misleading Trademarks - Businesses are registering descriptive terms as trademarks and combining them with product names, creating confusion for consumers [2] - These "clever trademarks" exploit information asymmetry, leading to consumer deception and violation of consumer rights [2] - The use of misleading trademarks disrupts market order and creates an environment where dishonest practices thrive, pushing out honest competitors [2] Group 2: Legal and Regulatory Concerns - The article emphasizes the need for stricter regulations to prevent the registration of deceptive trademarks that mislead the public about product quality or origin [3] - It suggests that trademark examination should extend to actual usage scenarios, requiring applicants to submit packaging designs for review [3] - There is a call for a reward mechanism for reporting trademark infringements to encourage consumer participation in monitoring [3] Group 3: Ethical Business Practices - Trademarks should serve as a promise of quality rather than a tool for deception [3] - Businesses are urged to operate with integrity, providing accurate product information instead of manipulating trademarks for unfair gain [3]
调查|“一品牛”肉干竟是猪肉做的?商标文字游戏套路大起底
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].