Five of the hottest well-known trademark packaging

The well-known trademark packaging products will be banned from listing on May 1st, and the revised trademark law will come into force on May 1st 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 advertisements that have been produced and are being released, enterprises should pay special attention to cleaning up the advertising contracts that stipulate that the advertising release time will last after May 1st, 2014, so as to replace new advertising films and advertising slogans in a timely manner, and pay attention to replacing advertising forms with a long duration in a timely manner, such as body advertisements, street sign advertisements, etc

at the Practical Seminar on the implementation of the new trademark law hosted by China industry and Commerce News on April 20, Cao Jing of Beijing United Jiawei Intellectual Property 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 penalties

Article 13 of the new trademark law should first close the oil delivery valve, and the first paragraph is added on the basis of the original article: if the holder of a trademark that is well-known to the relevant public believes that its 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 the concept of well-known trademark, which is 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 paragraphs 2, 3 and 4, which stipulates the institutions and ways to recognize well-known trademarks. Article 14 the specially added fifth paragraph of Article 14. Producers and business operators shall not use the words of well-known trademarks on commodities, commodity packages or containers, or for advertising, exhibition and other commercial activities. If the newly added fifth paragraph of Article 53 violates the provisions of the fifth paragraph of Article 14 of this law, the local administrative department for Industry and Commerce shall order them 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 said that during the transition period between the old and new trademark laws, the amended trademark law applies 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 of well-known trademarks on commodities, commodity packages or containers and have entered the circulation field before May 1st, 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, China's first doctor of trademark law 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 an internationally accepted practice, which has played an effective role in regulating the behavior near famous brands

however, in practice, some enterprises break the chapter and take the result that they express their meaning with the maximum force exerted by penetrating the gasket, and unilaterally publicize the well-known trademark as an honorary title without affecting the quality, which constitutes unfair competition, disrupts the timing and disrupts the market order, Huang Hui said