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Case analysis of trademark squatting

Background of the "Liu Laogen" trademark war

With the popularity of the TV series "Liu Laogen", many companies and individuals are optimistic about the brand awareness of "Liu Laogen" and have started to register the "Liu Laogen" trademark. , many "Liu Laogen" brand products appeared on the market: beer, soy sauce, hot sauce... Even "Medicine Box" was registered as a pesticide trademark.

It is understood that when "Liu Laogen" just finished broadcasting, some people started to register, but not many. What really started the registration boom was after "Liu Laogen Continuation" was broadcast, that is, during the Spring Festival in 2003 Around this time, a product called "Liu Laogen Pickles" had been advertised on TV. Moreover, Zhao Benshan himself began to pay attention to this matter, and acted quickly, sending his assistant Zhao Gang to Beijing to register the "Liu Laogen" trademark, basically "registering everything that can be registered." Zhao Gang's focus on catering, culture, and food The trademark has been applied for "batch" registration, but it will take some time to see whether it can be finally registered. However, Zhao Gang believes that the TV series "Liu Laogen" is connected with "Liu Laogen", and Zhao Benshan has the right to apply for the registration of the "Liu Laogen" trademark.

The "Liu Laogen" trademark squatting shocked the business community and attracted attention from all parties

The TV series "Liu Laogen" has been popular for more than a year. In addition to its plot, it has become a "memory" for small and medium-sized business owners. In addition to the textbook "Reflection", the "Liu Laogen" trademark squatting has also become a hot topic in the business community. This phenomenon makes more people think deeply about product image and product brand.

Many business people believe that businesses’ rush to register “Liu Laogen” reflects that the business community’s awareness of brands has risen to a considerable level.

Regarding this phenomenon, Ms. Wang Yuqi, manager of Shenyang Yuyang Environmental Protection Equipment Co., Ltd., said: Why is everyone rushing to register for 'Liu Laogen'? Because there are too many products now, but in the market situation where product supply exceeds demand, Under this situation, what consumers accept is not the product, but the brand. The product is only equal to the inventory, and the brand represents the market. Without a good brand, you are almost a loser in the market. "

Another Mr. Cai, who is a senior marketing executive in a multinational company, said: "'Liu Laogen' is the most registered in agricultural products. On the one hand, it reflects the rationality of the registrants. On the other hand, it also reflects the rationality of the registrants. Reflecting the reality that agricultural products lack brands. When there is no high investment in building a brand image, it is indeed a wise choice to find a way to graft on the deeply rooted artistic image of "Liu Laogen". Choosing a brand with accurate positioning is success. ”

Now it is not only the trademark registration craze for “Liu Laogen”, but other names and place names in the drama “Liu Laogen” have also become the targets of many businesses. Recently, the relevant person in charge of the State Trademark Administration predicted that In the next stage, "Longquan Villa" may become a hot spot for registration applications. According to Director Li of the General Affairs Department of the State Trademark Administration, the trademark "Liu Laogen" has been used for many products such as coffee, fertilizers, beer, soy sauce, and hot sauce. Even "Medicine Box" has become a popular registered trademark. If nothing else happens, the next stage of applying for registration of the "Longquan Villa" trademark will become another hot spot for competition.

How many of them are there currently in the country? Companies have applied to register the "Liu Laogen" trademark? Does applying for the "Liu Laogen" trademark necessarily represent business opportunities? According to Director Liu of the General Affairs Department of the State Trademark Administration: There is currently no information on how many people have applied to register the "Liu Laogen" trademark. According to clear statistics, there are more than 150 trademark offices nationwide. Including those who apply directly to the State Trademark Administration, a conservative estimate is that there are more than 500 people applying to register the "Liu Laogen" trademark nationwide. Director Liu also told reporters. According to the introduction, judging from the current enterprises and individuals who have registered the "Liu Laogen" trademark in various places, their main purposes are threefold: first, to register and obtain the right to use the trademark as soon as possible, and to invest it and produce output as soon as possible. These subjects are mainly those with financial strength. and technical resources; the second is to reserve resources for product production and put them into use when the conditions and time are mature. This part is mainly those enterprises and individuals that have certain financial and technical conditions but cannot produce in time; third It is simply investment in order to transfer the trademark at the appropriate time in order to obtain the trademark transfer fee. These entities are mainly enterprises and individuals who do not have the production conditions. Currently, the third situation is more likely to apply for the registration of the "Liu Laogen" trademark. That is, simply investing and preparing for transfer.

There is one of the most successful examples in this regard: Harbin Lianzhong Business Planning Co., Ltd. only spent more than 2,000 yuan to register the "Liu Laogen" trademark, and was spotted by a Zhaodong company that invested 2 million yuan to purchase the "Liu Laogen" registered trademark. This Harbin company The company didn't sell because the asking price was too low.

Jiang Yanghai, director of the Quality Department of the Liaoning Provincial Bureau of Quality and Technical Supervision, used the economic term "brand effect" to summarize the phenomenon of rush registration of the "Liu Laogen" trademark. Director Jiang Yanghai said that since the mid-1990s, my country's famous brand strategy has been launched. Enterprises' market awareness, competition awareness, and brand awareness have begun to increase. Shandong, Sichuan, Heilongjiang and other provinces have begun to implement famous brand product strategies. For example, Changshu City in Jiangsu Province is a small county-level city, and its five products, including Bosideng down jackets, Xuezhongfei down jackets, Menglan bedding, Gushen refrigerators, and Baixue refrigerators, are National famous brands, the number of famous brands accounts for half of Jiangsu Province, ranking first among county-level cities in the country. The profits, taxes and total profits achieved by famous brand products at or above the provincial level account for 34% and 41.6% of the city respectively. The driving role of the famous brand economy is very obvious. Merchants gradually discovered and realized in the fierce market competition that famous brands are the banner of the economy. Practice has also proved that the formation and development of the famous brand economy will have a promoting role and huge impact that cannot be underestimated on the economic and social development of a region or even a country.

"Liu Laogen" taught a lesson to Liaoshen enterprises

Businessmen rushed to register the "Liu Laogen" trademark, which caused Zhao Benshan himself to be passive when registering the trademark. This really taught the public a lesson. A popular and lively "Trademark Knowledge" training class was held. Originally, Liu Laogen was a brand created by actors from Liaoshen and Shenyang in the Liaoshen area, and it should be that the Liaoshen area had the most registered "Liu Laogen" trademarks. But in fact, it's just the opposite. Most of the "Liu Laogen" trademarks were registered by some companies in the south. This cannot but be said to be a tragedy for enterprises in Liaoning and Shenyang. Liaoning and Shenyang media such as Times Business Daily and Liaoning Economic Daily have discussed this phenomenon in their newspapers. Some people say: If Zhao Benshan had stronger trademark awareness, no matter how busy he was, he would have taken the time to register a series of "Liu Laogen" trademarks when "Liu Laogen" was broadcast.

For a company, a trademark is its first wealth. Shenyang Shuangxi Pressure Cooker Factory was a very popular brand in the 1950s and 1960s. However, due to the lack of awareness of trademarks among enterprises at that time, it failed to register in time and was pre-registered by a company in the south. The two parties had a strong relationship over this. There was a trademark lawsuit. The famous "Song Family Wonton House" in Shenyang was founded by Mr. Song Shengcheng. However, because it was not registered in time, the trademark "Song Family Wonton House" fell into the hands of others. In the end, Mr. Song Shengcheng had to add his own name - "Song Shengshan" in front of "Song Jia Wonton", thus registering the trademark as "Song Sheng Sheng Song Jia Wonton". Well-known brands in Yangshi such as Lao Bian Dumplings, Li Liangui Smoked Meat Pancakes, and Little Potatoes have all experienced ups and downs in which their trademarks were infringed and registered.

Local business people in Shenyang were deeply touched by this and expressed their thoughts in interviews with media reporters. Li Changming, deputy general manager of Shenyang Xiaotuodou Catering Co., Ltd., said: "Trademark is the first wealth of an enterprise. In the past, our merchants paid more attention to quality and service, but now, we should realize that brand is the core of the enterprise. Relying on Brand expansion is the most effective way. Brand is an extension of corporate value. To exaggerate, brand is the life of a company. But all of this is achieved by trademarks."

It is understood that Haier Group. When Haier products just entered the market, the Trademark Office registered the "Haier" trademark for a series of product categories. This should be worth learning by many merchants.

Some entrepreneurs even reflect from a higher height: Compared with these business operation methods that are familiar with the laws of market economy, we have fallen into an embarrassing situation in the opposite direction, that is: we already have I have owned many famous brands like Zhao Benshan, but I am stuck in the city of sorrow, unable to turn them into real wealth. At this point, whether it was "a gold medal is not a famous brand" back then or today's "a famous brand is not a gold medal", they actually point to the fragility and lack of business spirit in our Northeastern culture.

Another voice in the rush to register "famous brands" should not be followed blindly

Director Jiang of the Quality Department of the Liaoning Provincial Bureau of Quality and Technical Supervision believes that "Liu Laogen" is a The craze for trademarks reflects the increase in people's brand awareness to a certain extent, but at the same time, we also want to remind businesses that they should not blindly follow the registration of "famous brands". A brand has its own specific domain and cannot be extended at will. Just imagine, if you use a paint brand on mineral water, no matter how famous the paint brand is, it will not have a good market. Quality is the reason and important foundation for famous brands to win. If the quality is not up to standard and the people do not recognize it, famous brands will still be eliminated by the market. Therefore, the success of "Liu Laogen" is just "the first step in a long journey of thousands of miles." Paying attention to product quality and actively improving the product itself is the last word for victory.

Liu Donghai of Shenyang Jerry Consulting Management Co., Ltd. said: "It is difficult to build a successful brand by blindly following the trend. It is better to be rational in this regard." He believes that in this "over-communication" society, a person On the one hand, we must seize any opportunity to build a brand; on the other hand, we must be careful not to blindly follow the trend. "Brands are personalized and connected. If there are ten different types of products in the market called 'Liu Laogen', none of these ten will be much better, because if one goes wrong, the whole group will suffer.

Director Liu of the General Affairs Department of the State Trademark Administration said: "According to the information we have, there are currently a large number of 'Liu Laogen' trademarks that have been applied for but are not used, and the units that want to use them cannot register them again, resulting in waste. "Applying to register a trademark costs at least more than 2,000 yuan. Many companies register it to no avail, just hoping to transfer it at a high price one day." However, the possibility of successful transfer is extremely slim, which is actually a waste of resources. Therefore, I would like to remind all merchants not to blindly register ‘Liu Laogen’. In fact, a trademark is just an intangible asset. If it is stripped of the 'real economy', the result will often be that it attracts attention but does not actually increase corporate profits. Similarly, the phenomenon of trademarks "similar to famous brands" is not advisable. Registering a trademark that is similar to a famous brand product can certainly provide you with a good opportunity to intervene in the market. However, if there is no support from the company's innovation, products and services, the result of 'being like a famous brand' may not only shoot yourself in the foot, but also May cause disputes and controversies. "

Economists comment on the "Liu Laogen" trademark war

What do economists think of this trademark registration war that has not yet cleared up? "Be able to consciously Preemptively registering the 'Liu Laogen' trademark is a good thing from an economic point of view! "Liang Qidong, professor of the Liaoning Academy of Social Sciences and director of the Liaoning Provincial Information Research Institute, said. Director Liang Qidong believes that the number of companies rushing to register the trademark "Liu Laogen" first reflects that the company's trademark awareness has become stronger than before. " Many people think that 'squatting' is a derogatory term. In my opinion, it should be a neutral term. It reflects only a kind of competition and has no positive or negative color in itself. Director Liang believes that the reason why Zhao Benshan lost the ownership of many "Liu Laogen" trademarks is actually due to his own lack of business sensitivity and his own mistakes. He cannot blame others. "Many corporate managers, like Zhao Benshan, tend to Losing the most obvious intangible assets is actually a very painful lesson. "

Director Liang Qidong said that the gradual strengthening of the market economy has not only led enterprises to pay attention to the registration and protection of trademarks, but also individuals have begun to get involved in trademark investment. "Here is an example, 'a well-off society' After this word was proposed at the 16th National Congress of the Communist Party of China, a farmer named Zhou registered it as a trademark. It not only has contemporary significance, but also has a reputation that other trademarks cannot achieve. Now someone offered him 100,000 yuan to transfer the liquor trademark of "Well-off Society", but he declined. "It is precisely driven by this socio-economic atmosphere of 'trademark fever' that the 'Liu Laogen' trademark registration is so popular." Director Liang Qidong believes that in the past, our country was in an era of shortage economy, but now it is in a surplus economy. era, this era is characterized by user-made rules. Now the requirement of users is that a merchant should not only have good products, but also have a good brand.

"In today's fierce market competition, having a well-known trademark is of great strategic significance to any enterprise. A well-known trademark reflects the quality, service, scale and efficiency of the enterprise, and also embodies the needs of social consumers. Demand, recognition, investment and expectation, a well-known trademark today is a huge intangible asset, enabling enterprises to occupy an advantageous position in market competition and enhance competitiveness."

Why is "Liu Laogen" so popular among merchants? Favor?

There may be various reasons why merchants favor "Liu Laogen", but one thing is the same. They all, without exception, take a fancy to the huge commercial value that "Liu Laogen" can bring. Regarding how much the "Liu Laogen" brand is worth, the reporter interviewed several intangible asset valuation firms. Ms. Wang from the appraisal department of Shenyang Weishixin Asset Appraisal Co., Ltd. said that the "Liu Laogen" brand is actually a very typical intangible asset. However, the current domestic brand evaluation is mainly based on products, but there is no conclusion when it comes to personal brand value.

What will be the ranking of China’s star brands? No one knows yet. But it is a generally accepted fact in the entertainment industry that there is no current domestic celebrity that can be more popular than Zhao Benshan.

Professionals point out that as an asset, a brand has five aspects in its value measurement and composition. First, as an asset, the value of a brand is measured and composed in five aspects: first, how much additional value the brand name can bring to the price; second, how much influence the brand name will have on customers' choices and preferences; third, The price to be paid when a brand is replaced; the fourth is determined by the brand's stock price; and finally, it focuses on the brand's ability to create profits. The value of a brand is composed of many factors, so there are many ways to measure its standards.

Mr. Zhang from Shenyang Huaheng Asset Appraisal Firm said that the process of intangible asset appraisal is actually very complicated. For new brands like "Liu Laogen", it is temporarily impossible to evaluate their value. A major international brand like Coca-Cola, which has been famous for a century, only makes such an assessment after decades of accumulation. However, if Liu Laogen is really valued, since it is impossible to calculate how many manufacturers of "Liu Laogen" products there are in the country, as well as product sales and advertising investment, we can roughly estimate that the brand value of "Liu Laogen" should be more than 10 million yuan.

Many experts and scholars have said that if Liu Laogen’s image enters the fields of film, audio and video, commercial sports, fashion clothing, cartoons and comics, it will have huge profits of hundreds of millions of yuan or even billions or tens of billions. scale. But it is this special character that has both cultural and economic properties that makes it easier for commercial culture to enter into the daily lives of ordinary people than traditional cultural forms. This cannot but be said about the impact of commercial culture on people's lifestyles and values. Concepts, as well as social structures and ideologies all have a huge impact. Zhao Benshan made Tieling a household name across the country. This is the charm of commercial culture.

Teacher Zhao Fan from the Institute of Economics of the Liaoning Academy of Social Sciences said: The artistic image of "Liu Laogen" has now become a household name, enjoying great popularity both in the cultural world and in people's daily lives. For merchants, once they own the brand "Liu Laogen", it means they have the golden key to open the market. It can be said that Zhao Benshan's TV series provided a shortcut for "Liu Laogen" products to quickly open the market. The character "Liu Laogen" has won high popularity and trust in the minds of audiences across the country, and is growing into a commercial reputation. Zhao Benshan and "Liu Laogen" are becoming the leaders of Northeast business culture.