Experts Analyze New Changes In The New Trademark Law

< p > this is the third revision of the < a href= "http://www.91se91.com/news/index_c.asp" > trademark law < /a > since its promulgation (the first two in 1993 and 2001). As a law closely related to the healthy development of the socialist market economy and the protection of the rights and interests of consumers, this amendment is of great significance.

This reporter made an exclusive interview with Mia, director of Tianjin Tianjin trademark office.

In the interview, mica told reporters that the trademark law has undergone significant changes in several aspects, which will more regulate the registration and use of trademarks, increase the protection of trademark rights, and maintain a healthy and fair market order.

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< p > < strong > > a href= "http://www.91se91.com/news/index_c.asp" > well-known trademark < /a > /strong > /p >

< p > < strong > "famous" is not a gold lettered sign. It is forbidden to be used for < a href= "http://www.91se91.com/news/index_c.asp" > Product publicity < /a > /strong > /p >

"P" said before, "a lot of companies used to mark the words" China famous brand "on their products or services for glory.

Consumers also use "well-known trademarks" as the criteria for judging the quality of goods or services. Because the words "well-known trademarks" are tagged to make the goods or services famous and profitable, some enterprises are in the rush to identify "well-known trademarks".

But at the same time, the voice of opposition is becoming more and more intense. Experts, scholars and enterprises have expressed doubts about the recognition of well-known trademarks.

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< p > enterprises use "well-known trademarks" to advertise, which may mislead consumers and harm consumers' interests.

Most consumers do not understand the production and operation of enterprises. They basically look at advertising and brand consumption.

Enterprises known as "well-known trademarks" often rely on the credibility of the government to win consumer trust, and some enterprises will boost their prices.

The price of the product with the same material and quality should be the same. However, because the "well-known trademark" makes its price higher than that which is not known, many consumers spend more money on the wrong side. The value added part of this product is by no means the same as that of the "big brand" which has been winning over others for many years, and the price of the "big brand" is higher than that of the general brand.

For example, the price of Nike NIKE is higher than that of general products, and is closely related to its innovative varieties, good service, strict quality assurance and so on.

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< p > in addition, according to the relevant international regulations, the recognition of "well-known trademarks" is only limited to the trademark right and the process of stopping infringement.

In order to encourage enterprises to create famous brands, China has tacitly approved the publicity of "well-known trademarks".

This practice is obviously contrary to the law and international practice.

With the implementation of the new law in May 1st, the "famous trademark" will die as an honor.

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< p > "the revision of the trademark law will strictly prohibit the use of the word" well-known trademark "in the product itself, packaging, exhibition, publicity and other activities, otherwise it will be fined 100 thousand yuan.

Michael said before.

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< p > < strong > trademark registration > /strong > < /p >

< p > < strong > hidden preemptive registration no longer "escapes from the invisible" < /strong > /p >

< p > trademark law has been implemented since 1983. Although it has been amended for two times, it lacks effective containment of the "rush" trademark.

A few years ago, a company in Shenzhen had registered more than 180 trademarks in the country. The reason for such a case is that the old trademark law only stipulates that the two cases of "preempting others to be used first and have a certain impact on the trademark, and seize the status of the trademark of the agent" can be regarded as a malicious rush, that is, a trademark that has already been used by others for certain influence and popularity, or a customer who has a cooperative relationship to seize the trademark of the company.

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< p > "the practice of preemptive behavior is becoming more and more obscure.

For example, a dealer who wants to rush the manufacturer's trademark is usually not in his own name, but rather a friend or a close relative.

According to the old trademark law, it is generally difficult for the snatch to assert his rights.

The revision of the trademark law stipulates that in addition to the relationship between the preemptive person and the person who has been preemptive, or the relationship between the contract and the business, he also specifically stipulates that "there are other relationships". That is to say, as long as the owner is able to prove that the registered owner is aware of the existence of the trademark of the person being registered, it is regarded as a malicious "rush registration" and is all within the scope of the revocation.

Said Micah.

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