"Brand Riding" Is Prevailing. How To Regulate The Use Of Trademarks?

"Any enterprise, whether online or offline, should borrow a well-known brand. merchant The publicity and promotion of the names, LOGO, advertising slogans and other acts are illegal and should be severely punished by the administrative departments such as industry and commerce. In view of the recent hot popularity of the "Qingfeng baozi" trademark infringement, Beijing intermediate soft group senior trademark expert said.

Recently, some media pointed out that, as the window of Changsha century held a series of activities with Qingfeng baozi as a gimmick during the Spring Festival, it was understood that the window of Changsha world used the advertising slogans of Qingfeng Baozi and used the Qingfeng registered trademark in its packaging, tableware and signboards, which made many consumers mistakenly believe that Qingfeng baozi really came to Changsha, but the fact is that Changsha's window of the world only purchased 5000 cooked steamed bun in January 22nd, but its specific contract did not disclose the actual use of the purchase.

Like the window of the Changsha world, the "brand ride" behavior has existed for a long time. It was mainly on the Internet, especially in Taobao, Jingdong and other large e-commerce websites. All kinds of Qingfeng baozi slogans appeared on the Internet, and some shops even played the banner of "purchasing Qingfeng baozi". For a while, Qingfeng baozi became the popular fashion brand at present. But in fact, Qingfeng baozi did not have sales channels on the cable. There were serious violations of the shops under Qingfeng banner. Reporter survey found

In fact, in recent years, with the development of China's economy, a large number of well-known and outstanding domestic brands have emerged. But behind this, with the continuous improvement of the awareness of these well-known brands, similar products have begun to appear on the market, and some even use them openly. trademark Production not only brings huge economic losses to the enterprises concerned, but also disrupts the market order and damages the brand image of the enterprises, which is not conducive to the healthy growth of the industry. When it comes to this kind of "brand ride" behavior, insiders say that the relevant laws and regulations are not sound, the regulatory part can not define such behavior, and the relevant penalties are not enough enough to form good norms, and no severe punishment measures are taken. This has led to repeated acts like this.

In addition, due to the development of the Internet, it is more difficult to define the behavior of network infringement, which is usually solved through courts, and the duration is quite long. The famous Internet companies including Taobao, Ctrip and Jingdong have suffered the problem of Internet infringement, and ultimately have a huge impact on their brand image. Therefore, in the future, strengthening the trademark protection of Internet companies and paying attention to the protection of intellectual property rights of Internet companies are also the top priority.

Experts recommend that we should first strengthen the awareness of intellectual property protection with the enterprises themselves, do well the basic trademark registration and protection, attach importance to the registration of defensive trademarks, and use advanced trademark management software to protect and monitor all kinds of intellectual property rights of enterprises, and timely feedback the infringement information and deal with them in a timely manner. Secondly, in terms of legislation, the state should perfect relevant laws and regulations. Although the newly revised trademark law will be implemented this year, as a whole, with the development of China's economy, many intellectual property laws, including trademark law, need to be updated and amended. Besides encouraging corporate trademark protection and strengthening penalties for trademark infringement, the most important thing is to establish a long-term incentive system and encourage enterprises to innovate independently. enterprise The independent intellectual property rights enable enterprises to have their own core competitiveness.