In fact, as early as 2011, New Hope Dairy launched the concept of "24-hour pasteurized fresh milk", that is, the time from production to removal from the shelves does not exceed 24 hours, and overnight milk is not sold. In 2018, at the 6th "China's Good Fresh Milk·Fresh Festival" hosted by New Hope Dairy, a new fresh milk product that was only sold for 24 hours was officially released, and the concept of "core milk" was proposed for the first time.

However, the State Intellectual Property Office rejected the "24-hour" trademark. Unsatisfied, New Hope Dairy went to court to sue, but the first instance result was a loss. Let us analyze this case today: In this case, New Hope Dairy is suing for the "24-hour" trademark, which is designated for use on milk, kefir (milk drinks) and other products. However, the court believes that the relevant public can easily misinterpret the "24-hour" trademark. " is understood as a description of the shelf life, freshness time and other characteristics of the commodities themselves such as "milk, kefir (milk drinks)", etc. It is not easy to identify it as a mark to distinguish market providers, so the disputed trademark "24 hours" cannot be It has the function of distinguishing the source of services, but lacks the distinctiveness that a trademark should have, and it is easy to mislead consumers after the product is launched.

Violates Article 11, Paragraph 1, Point (2) of the Trademark Law: "Merely directly expressing the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods" cannot Registered as a trademark, the application for registration of the trademark in dispute was rejected.

The above is the analysis of this case. New Hope Dairy attempted to use the "24-hour trademark" to mislead consumers and confuse the public's perception, and was ultimately rejected. Trademarks are indeed very important to enterprises, but such descriptive trademarks must have the distinctiveness of the trademark before they can be registered, or the trademark has acquired distinctiveness through subsequent use. Bajie Intellectual Property Trademark Transfer Network organizes more trademark news and information for you.