Five of the hottest well-known trademark packaging

2022-07-24
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The well-known trademark packaging products will be banned from the market since May 1. The revised trademark law will come into force on May 1 this year. Experts remind enterprises to clean up product packages with well-known trademarks in time

one of the main contents of this revision of the trademark law is to clarify the well-known trademark protection system, and prohibit producers and operators from using the words of well-known trademarks on commodities, commodity packages or containers, or in advertising, exhibitions and other commercial activities

now, only ten days before the implementation of the new trademark law, relevant experts remind enterprises that have well-known trademarks and use them for advertising. If during this transitional period, enterprises continue to use product packaging with well-known trademarks, they should ensure that relevant products can be sold before May 1. For the advertisements that have been made and are being released, the enterprise should pay special attention to clearing up the advertising contracts that have agreed that the advertising release time will last after may1,2014, so as to timely replace the new advertising films and advertising words, and pay attention to timely replace the advertising forms that have a long duration, such as body advertising, street sign advertising, etc

at the Practical Seminar on the implementation of the new trademark law hosted by China industry and Commerce News on April 20, Caojing, Beijing United Jiawei intellectual property and Thailand equivalent Agency Co., Ltd., said that in order to clarify the protection system of well-known trademarks and guide well-known trademarks to return to their legislative intent, the new trademark law has been adjusted accordingly, emphasizing the principle that well-known trademarks should be identified on a case by case basis and protected passively, It also clearly stipulates that advertising in the name of well-known trademarks is prohibited. The new trademark law has amended articles 13 and 14 of the original trademark law, and added Article 53 penalty provisions

the first paragraph of Article 13 of the new trademark law is added on the basis of the original provisions: Although a trademark well-known to the relevant public is also related to other factors such as the diameter and length of the transmission pipeline, if the holder believes that his rights have been infringed, he may request the protection of a well-known trademark in accordance with the provisions of this law. In the legal sense, this clause clarifies that the concept of well-known trademark is a trademark well known to the relevant public, and emphasizes the principles of case identification and passive protection

on the basis of the original provisions, Article 14 of the new trademark law mainly adds the second, third and fourth paragraphs, which stipulate the institutions and ways to recognize well-known trademarks. Article 14 Where a producer or business operator, as specially added in the fifth paragraph of Article 14, violates the provisions of the fifth paragraph of Article 14 of this law by using the words "well-known trademark" on commodities, commodity packages or other containers, or by using them in advertising, exhibitions or other commercial activities, the local administrative department for Industry and Commerce shall order it to make corrections and impose a fine of 100000 yuan

it is reported that on April 15, the State Administration for Industry and Commerce issued a notice on issues related to the implementation of the revised trademark law of the people's Republic of China. The notice states that during the transition period between the old and new trademark laws, the amended Trademark Law shall apply to the use of well-known trademarks on commodities, commodity packages or containers, or in advertising, exhibitions and other commercial activities. However, those who use the words "well-known trademark" on commodities, commodity packages or containers and have entered the circulation field before may1,2014 are excluded

Cao Jing believes that these newly added provisions will have a great impact on those enterprises that already have well-known trademarks or are preparing to apply for recognition of well-known trademarks

Huang Hui, the first doctor of trademark law in China and part-time researcher of the intellectual property center of the Chinese Academy of Social Sciences, said that well-known trademarks are not honorary titles, but a legal concept. The recognition of well-known trademarks is a special protection system established to expand the scope of trademark protection for well-known trademarks. It is also a common practice in the world, and has played an effective role in regulating the behavior near famous brands

however, in practice, some enterprises take it out of context, add water first and then add materials for mixing, and unilaterally publicize the well-known trademark as an honorary title, which constitutes unfair competition and disrupts the market order, Huang Hui said

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