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玩商标文字游戏“多半”“翻车”
Sou Hu Cai Jing· 2025-06-06 22:57
Core Viewpoint - The article discusses the controversy surrounding certain food products that use misleading branding and labeling, leading to consumer backlash and questions about the legality and ethics of such practices [1][2][3] Group 1: Misleading Branding - Several food products, such as "壹号土猪肉" and "千禾0酱油," have been criticized for using ambiguous terms that mislead consumers about their true nature [1] - The recent case of "多半袋面" and "多半桶面" highlights how consumers felt deceived when they discovered that the products did not contain the expected quantity [1] - Companies involved, like 壹号食品 and 白象集团, defended their practices by stating that they do not deceive consumers and that their products meet certain standards [1][2] Group 2: Legal and Regulatory Aspects - Experts indicate that the registration of such trademarks may not have been thoroughly scrutinized, as the concept of "土" (earthy) has gained popularity over time [2] - The legality of using these trademarks depends on the context and manner of their use, and even registered trademarks can be declared invalid if they violate legal standards [2] - The article emphasizes that companies must be cautious, as consumer protection laws can lead to penalties if products do not align with consumer expectations [2] Group 3: Consumer Trust and Perception - Consumer trust is crucial, as brands serve as a quick reference for product quality and origin; misleading branding can erode this trust [3] - When brands deviate from consumer understanding, they risk criticism and damage to their reputation, questioning the value of their branding strategies [3] - The article uses a humorous analogy to illustrate the absurdity of misleading branding, suggesting that companies should avoid becoming a joke in the eyes of consumers [3]
莫以商标耍心机
Jing Ji Ri Bao· 2025-05-29 22:16
Group 1 - The core issue highlighted is the misleading practices of companies using deceptive trademarks that confuse consumers about the quality and characteristics of their products, such as "一品牛肉干" being made of pork instead of beef and a "120W charger" actually having a power of 12W [1] - These deceptive trademarks, while registered, can damage the company's credibility and lead to consumer distrust, even if the company's advertising complies with legal standards [1] - The article emphasizes that trademarks should not be misleading and that registered trademarks can be declared invalid if they are found to be deceptive or cause public misunderstanding about product quality [1] Group 2 - Companies are encouraged to focus on long-term development by ensuring quality, service, and consumer rights, rather than seeking shortcuts [2] - Regulatory bodies are urged to update and refine trademark examination rules and to take timely action against problematic trademarks, as well as to improve the legal framework surrounding intellectual property [2] - There is a call for strengthening the enforcement of intellectual property rights and creating a safer consumer environment through comprehensive management systems [2]
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].
【商道论衡】 对“心机商标”要强化注册审查
Zheng Quan Shi Bao· 2025-04-24 21:20
Core Viewpoint - The article discusses the prevalence of misleading trademarks, referred to as "heartfelt trademarks," which often confuse consumers and can lead to unintentional purchases due to their deceptive nature [1][2]. Group 1: Characteristics of "Heartfelt Trademarks" - "Heartfelt trademarks" often feature confusing and misleading phrases that do not accurately represent the product's characteristics, such as "mountain soil eggs" or "only water, salt, and flour" [1][2]. - These trademarks are designed to be highly deceptive at first glance, making it difficult for consumers to discern their true meaning until they are closely examined [2][3]. Group 2: Consumer Awareness and Misunderstanding - Many consumers fall victim to these trademarks due to a lack of awareness and the inability to recognize the potential for such misleading branding [2]. - The article highlights that even professional trademark examiners may overlook the risks associated with these unusual trademarks, as their assessments are often based solely on textual materials without considering the actual products [2][3]. Group 3: Regulatory Suggestions - To mitigate the risks posed by these trademarks, it is suggested that regulatory bodies require applicants to provide additional materials clarifying the specific products associated with unusual trademarks [3]. - This approach could help eliminate confusion and prevent deceptive marketing practices by ensuring that trademarks are clearly linked to their respective products [3].