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'The same thing, the product quality is the same, only the brand is not the same.' A lot of merchants said that because it is a self-built factory, it is convenient to print the logo on the product, they will launch different brands according to market needs. Selling.
Just listed, the fight is mostly caught in the 'cottage' vortex.
In the category of TV alone, there are many brands such as Konka Vision, Xiaomi e, Skyworth E, Skyworth Cloud, Hisense Cloud, etc., and almost all the big names of TVs can be found.
After Skyworth TV issued a statement requesting more sales to stop selling, on July 29th, looking for Chinese makers, those who found the Skyworth TV at Skyworth TV, 'Chuangwei Yun' did not find it, however, they did not It disappeared, but it was replaced by another brand to continue sales.
The manufacturer of Skyworth e said that after the trademark application of Skyworth e was rejected by the Trademark Office, the company immediately launched another brand 'Ace Emperor'.
The reporter learned that most of the merchants who have put together many brands of 'touching porcelain' brands have not only submitted a trademark application. For example, the company behind 'Chuangwei ejia' submitted applications for 'Le Shijia' and 'Hisense'. Trademarks, similar manufacturers of 'Konka Vision' submitted applications for 10 trademarks, and the manufacturer of 'Xiaomi Ejia' submitted 6 trademarks. But most of them failed the audit.
In accordance with the regulations of a lot of business, corporate businesses in the multi-platform platform to open franchise stores, specialty stores, flagship stores, need to provide a copy of the trademark registration certificate or trademark registration application acceptance notice issued by the State Administration of Trademarks.
That is to say, the merchant can open the store as long as the trademark registration application acceptance notice is obtained, and at the trademark review stage (usually seven months), the trademark registration application acceptance notice is valid, and the time difference just leaves the merchant. Take the opportunity.
According to the lawyer, the trademark in the application process does not enjoy the trademark right. If it is confused with the registered trademark, the merchant constitutes an infringement, and the multi-platform is also responsible for the platform.
'Kangjia Vision', 'Millet Vision' is behind a family
Open the iPad and click on the 'TV' section of the 'Electrical' channel. The Konka Vision, Xiaomi e Home, Hisense TV, Xiaomi Smart and other products appear.
Their names have a common feature, that is, after the famous brand name, plus a few words, such as horizon, cloud, cloud vision, e-home, intelligence, etc., 'brand name + additional name' constitutes a new brand. But in appearance, these goods are very similar to well-known brands.
Because of this, on July 28th, Skyworth issued a solemn statement, saying that some of the counterfeit Skyworth brands on the platform are: Skyworth Pioneer, Skyworth Cloud TV, Skyworth, Skyworth, Skyworth Cool, Skyworth Cloud, Skyworth Home, Skyworth, etc., ask for more and more to stop selling.
Looking for a Chinese maker's reporter, I know that most of the merchants who touch the big names in China have applied for multiple trademarks and can use them in rotation.
A staff member of Skyworth e's factory Guangzhou Xunlang Electronic Technology Co., Ltd. revealed that after the trademark application of Skyworth e home was rejected, the company immediately launched another brand 'Ace Emperor', and the brand name is its own registration. Trademark. China Trademark Network shows that the ace of Emperor was officially registered in June 2018.
The reporter found in the China Trademark Network that in addition to Skyworth E and Ace, the company also applied for a total of 9 trademarks including Whale Ace, Chuangxinjia, Leshijia, Kuankaijia, Hisense, and Micro-Whale. In addition to the ace emperor and micro whales have been registered successfully and passed the initial review, all others are in the state of substantive review, dissent, and dismissed.
Such a company is not a case.
'Kangjia Vision' was submitted by Guangzhou Noble Electronic Technology Co., Ltd., and is currently waiting for the substantive review stage. The company submitted a total of ten trademarks including Konka Vision, Xiaomi Vision, Huicai Ace, Xincai Ace, among them. The four trademark application offices were not registered successfully in the substantive examination. Xiaomi Vision was rejected in July 2018, but Bincai Ace, Kung Fu Panda, UTV, USPAI, etc. have passed the preliminary examination, and KONGFU PANDA has been successfully registered. .
'Xiaomi ejia' submitted a trademark application by Guangzhou Suo Ni Household Appliance Co., Ltd. The company applied for a total of 6 trademarks, including Hailexin, Konkale, Skyworth Yunzhi and so on.
'The same thing, the product quality is the same, only the brand is not the same.' A merchant said that because it is a self-built factory, it is convenient to print the logo on the product, they will sell different brands according to market needs. .
The above mentioned businesses all stressed that the competition is fierce now, and the unknown brands are not so good.
Merchants teach the brand 'touch porcelain' routine
A number of lawyers said that it is extremely unlikely that such brands with large-scale porcelain brands will pass the examination. So, knowing that it is not feasible, why should the business apply?
According to the regulations of a lot of products, enterprise merchants set up franchised stores, specialty stores, and flagship stores in a multi-platform platform. It is necessary to provide a copy of the trademark registration certificate or trademark registration application acceptance notice issued by the State Administration of Trademarks.
It is the 'Trademark Registration Application Acceptance Notice' which leaves a blank space for the merchant.
Attorneys' introduction, trademark registration is divided into declaration, acceptance, review, publicity, and sub-licensing. The application is generally 2 working days. The acceptance is generally about 1 month. The review period is generally 7 months, 9 During the month, the National Trademark Office will give the results to the application. After passing the publicity period, the publicity period will be 3 months. After no objection, the trademark registration certificate will be obtained within 45 days. The whole process is generally 13 months.
Therefore, after receiving the trademark acceptance notice, the applicant will have about 7 months to wait for the results of the review by the National Trademark Office. The merchant is using this time difference.
According to the person in charge of Xiaomi e's brand, he started selling TV sets in August last year. When selling the best, he can sell more than 2,000 pieces a month, but now there are more and more businesses on the platform. More and more fierce, the price is getting lower and lower. He has multiple TV brands, and currently the main push is Xiaomi e. 'Small brands are not so good to sell, well-known brands have to sell some.' He said.
'We got the notification of acceptance of the trademark registration application, so we are not worried about being sued by Xiaomi.' He said, 'When the trademark application is submitted, there will be a trademark registration number and acceptance notice. When the product is released, submit these materials. Yes, you don't need to register a successful trademark certificate. '
The reporter also contacted Guangzhou Novo Electronic Technology Co., Ltd. behind the 'Kangjia Vision' as a Konka partner. The person in charge of the company said: 'We are not Konka, we are Konka Vision, this is our own brand.' At the same time, he pointed out that Konka Vision has already submitted a trademark application, and has received a trademark acceptance notice.
When the reporter asked whether the trademark of Konka Vision was true and effective, the person in charge said that as long as the registration application was submitted, it can be used after receiving the acceptance notice.
The reporter put forward the need to fight more and more stores, the person in charge of the move: 'You first register a trademark, such as Kang Jiayun, registration Konka is very difficult to succeed, as long as it is not exactly the same as the big brand, plus two more behind the big brand name Words are likely to pass. '
For other platforms, the reporter inquired about Jingdong's investment description and requirements. Merchants entering the Jingdong flagship store, specialty stores and franchise stores, need to provide trademark registration certificate, and need to obtain registration certificate for trademark registration acceptance notice.
Taobao.com stipulates that the seller applies to enter Taobao. The resident brand must have been accepted or approved by the trademark registration authority, and must not be combined with the already-registered brand in terms of text, pronunciation, meaning, graphic composition, color or its various elements. The overall structure is the same or similar.
Personal business release product review is more relaxed
For the multi-enterprise merchants who want to 'touch porcelain' big brands, it is necessary to submit a trademark registration application acceptance notice, but for individual merchants, even this step is omitted.
Looking for a Chinese maker's reporter to test the process of releasing goods on a lot of fights.
The reporter first applied for the merchant to settle in. On the registration page of the personal business, in addition to the basic personal information, the information to be provided is the photo of the front and back of the personal ID card, as well as the photo of the personal hand-held ID card, no additional information and payment of the deposit. After one working day, the store passed the audit and opened the store successfully.
In the store, click 'Create Product', and do not require to submit the brand authorization or trademark registration certificate and other materials, the merchant only needs to fill in the basic information of the product, product specifications and inventory, click on the service commitment, you can publish the product.
The reporter downloaded 6 promotional pictures from a baby shop in Jingdong from a promotional page of 1599 yuan Kangbei stroller. Two of the pictures were marked with the trademark of Combi. The reporter filled out the basic information, and marked the purchase price as 149 yuan, the price of the group was 100 yuan, clicked the submit and put on the button, passed the review directly, the product was successfully released, and the product link can be shared.
Subsequently, the reporter changed the two pictures marked with the Combi trademark, changed the Combi to Combier, and revised the purchase price to 6990 yuan. The price was 5960 yuan. , and submitted again, also passed the review immediately.
Trademarks in the application process do not enjoy trademark rights
In the fight for more, the brands that touch the big brands of the porcelain are not limited to the above, not limited to the TV field, which also caused confusion and misunderstanding of consumers.
In the category of toiletries, a comment area for shampoo products that is almost identical to the designer brand 'Adolf'. Some buyers wrote, 'Let's take a look at the close-up, thinking that Adolf can buy it,' The user found the product name 'Yali Adolf' after purchase. In the maternal and baby category, there are Parmebos, Paonmepors, Parmepas and so on, which are very similar to the diaper brand 'Pampers Pampers'.
If you hold a trademark acceptance notice, can you really use the trademark reasonably?
Wang Youyin, director of Beijing Shengyun Law Firm, said that receiving a notice of acceptance of a trademark does not necessarily mean that it enjoys the trademark right. The trademark in the application process does not enjoy the trademark right, and the confusion with the registered trademark constitutes an infringement. Obviously contrary to the trademark law on trademark review principles, will not pass the review.
A trademark attorney of a large intellectual property agency pointed out that trademarks can be used regardless of whether they are registered or not. However, the premise of normal use is that they cannot infringe the trademark rights of registered trademarks. The principle of domestic trademark protection is registration first, priority protection. The registered trademark's interest.
Wang Youyin said that Xiaomi, Konka and Skyworth are registered trademarks and enjoy the exclusive right to use trademarks. According to the Trademark Law, trademarks approved by the Trademark Office are registered trademarks. Trademark registrants enjoy trademark exclusive rights and are protected by law. What is important is the exclusive right to use and the right to prohibit. From this point of view, such brands as Xiaomi Vision, Konka Smart, Skyworth Cloud, etc. infringe the exclusive right of these trademarks, constitute trademark infringement.
In addition to merchants, lawyers believe that as a platform, the fight should bear the responsibility. Wang Youyin pointed out that as a network sales platform, it should assume the review responsibility, and should bear the audit responsibility for the promotion of goods. For these obvious violations of domestic famous brands, the platform More should be responsible for the initiative to prohibit responsibility.
He said that according to the relevant provisions of the Advertising Law, advertisers are obliged to verify the content of advertisements. Advertisements that are not true or whose documents are incomplete may not be published. Advertisements that are prohibited from being published by the Advertising Law shall be punishable except for the confiscation of advertising fees. A fine of 200,000 yuan to 1 million yuan. If the circumstances are serious, the business license can be revoked and the advertisement registration certificate can be revoked.