The Influence of Building Decoration Materials Industry in Prohibited Publicity

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New Earth Group


The Influence of Building Decoration Materials Industry in Prohibited Publicity

The new trademark law will be implemented soon. The stipulation that the words "well-known trademarks" may not be used for advertising is soundingbuilding decoration materialsIndustry, including many enterprises door. How to avoid the risk of illegal, become the urgent heart of many paint enterprises.

This is the first paint company to publicly release the treatment of "well-known trademarks" after the amendment to the Trademark Law (hereinafter referred to as the "New Trademark Law") was reviewed and approved by the Standing Committee of the National People's Congress on August 30 last year. The new trademark law stipulates that producers and operators shall not use the words "well-known trademark" on commodities, commodity packaging or containers, or in advertising, exhibitions and other commercial activities (hereinafter collectively referred to as "well-known trademark 'no publication'").

It is understood that the new trademark law will be implemented on May 1, 2014. In other words, from adoption to implementation, the new trademark law has an eight-month buffer period, leaving enterprises to deal with the "ban" of well-known trademarks. Those who violate the "ban on publicity" may pay a high cost of breaking the law. According to Article 53 of the new trademark law, the local administrative department for industry and commerce shall order the production and business operators who violate the provisions of "prohibition of publicity" to make corrections and impose a fine of 100000 yuan.

Although many enterprises holding the title of "well-known trademark" are not reconciled to the "ban on publicity", the implementation of the new trademark law is also an indisputable fact. The Guangdong Zhuhai Industry and Commerce Department released a message on the official Weibo, requiring well-known trademark companies to change their promotional language in a timely manner: "Well-known trademark companies and operators who distribute well-known trademark products should promptly change product packaging and update advertising language to avoid violating the law."

Why does the well-known trademark "ban" make enterprises so embarrassed? This needs to start from the alienation of the function of "China's well-known trademark. The original intention of "well-known trademark" is to protect the trademark from illegal infringement. It is understood that the well-known trademark protection system is an internationally accepted intellectual property protection system, which first appeared in the "Paris Convention for the Protection of Industrial Property" signed in 1883. My country acceded to the Convention in 1984, becoming its 95th member. After entering the 21st century, "China's well-known trademarks", together with "national inspection-free products" and "Chinese famous brand products", have been known as the three major "national lettering" brand certification and have been highly sought after. it shows that well-known trademarks at that time have realized the "turn" from protection function to publicity function ". The latter two were ordered to stop or suspend the use of milk powder by relevant state departments in the years after the Sanlu milk powder incident in 2008. The emergence of "China's well-known trademarks" certified by the judiciary is considered to be the accomplice and promoter of the accelerated "publicity application" of well-known trademarks.

From this, it can be seen that the reason why the "ban on publicity" of well-known trademarks has such a great impact on enterprises is not the "original sin" of well-known trademarks; the publicity atmosphere of well-known trademarks jointly promoted by all walks of life, and the resulting market chaos, is the real incentive of "ban on publicity. Well-known trademarks can no longer be used for publicity, but the original meaning of its "protection" is still there. Moreover, after the "ban", the State Administration for Industry and Commerce intends to focus on improving the protection of well-known trademarks.

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