Zong Qinghou's Discussion On The Framework Of The Existing Trademark Laws And Regulations

"After the development of some brands, we hope to create the Chinese nation. World Brand It enjoys considerable popularity internationally, but I feel that some of the provisions of the trademark law make it difficult. Zong Qinghou, chairman of the National People's Congress and chairman of the Hangzhou Wahaha Group for 12 years, said in a special interview at Xinhua news conference in March 2nd. To this end, he suggested that the relevant departments of the state should select national brands and conduct defensive protection against trademarks that might become world brands, so as to prevent the trademarks from being registered under other categories.

Zong Qinghou's "Regulations" refer to the thirteenth, nineteenth and the twenty article of the Trademark Law of the People's Republic of China, that is, "thirteenth. When applying for trademark registration, they shall apply according to category" and "nineteenth. In applying for trademark registration, the commodity category and commodity name of the trademark shall be applied according to the prescribed commodity classification table". "Twentieth, where a trademark registration applicant applies for registration of the same trademark on different categories of commodities, he shall apply for registration according to the commodity classification form."

He said, because our country Trademark registration The classification of goods is very thin. There are dozens of categories, more than 1000 sub categories, tens of thousands of commodities, and enterprises can not spend high fees to register their well-known trademarks in every category and each commodity. (even if this is done, they will also face the risk of cancellation of three years' unregistered use of the registered trademark as stipulated in the Trademark Law). Such a classification system has resulted in many enterprises and individuals rush to register trademarks which are exactly the same as well-known trademarks in goods or services with different categories of well-known trademarks. "For example, our food and beverage industry, the brand we do is Wahaha, but other industries can also do Wahaha brand. If all walks of life are doing Wahaha brand, then what is Wahaha exactly is nobody knows."

It is understood that Wahaha's trademark "Nutrition express" has been registered by others in other trademark categories. Wahaha's "nutrition express line" is classified into thirty-second categories in the registration classification of the national trademark office, the category is non-alcoholic beverages, and the registered trademarks belong to twenty-ninth categories. The category name is soy milk (milk substitute). Without in-depth understanding, it is difficult for consumers to get the above details. In addition, counterfeit products are similar to the "nutrition express lines" produced by Wahaha, which are extremely unfavorable to the development of well-known brands.

Zong Qinghou emphasized that building the world brand of the Chinese nation is far from enough only by the efforts of the enterprises themselves, and it needs the joint efforts and support of the whole society. "Although the trademark law already has the relevant provisions of well-known trademarks, the protection measures and measures need to be further strengthened. Therefore, I suggest that the state choose some trademarks with high visibility and hope to become a world famous brand to be protected in a whole category. No other enterprises or individuals can register similar trademarks with well-known trademarks in any category. "