Different from forward confusion with a trademark, reverse confusion means that the trademark user has a high degree of popularity in the use of the trademark, causing consumers to confuse and mistakenly believe that the goods of the former trademark user come from the later trademark user. thereby confusing and misidentifying the origin and quality of products and services.
Case: Trademark infringement dispute case-Blue Storm.
The "Blue Storm" trademark No. 3179397 applied by Lanye Liquor Company was registered in 2003 and approved for use in Class 32 malt beer, water (beverage), cola and other products. In July 2005, PepsiCo launched a limited-time Blue Storm promotion and used the Blue Storm text and red, white and blue graphic trademarks on its Coke products. Later, Lanye Liquor Company took PepsiCo to court.
1. Why are sub-trademarks prone to reverse confusion?
Compared with the main trademark, sub-brands have become a common choice for some large enterprises to choose brand sub-series products. Under this trademark extension strategy, the brand uses the main and sub-trademarks on various products at the same time, using the high reputation and good reputation accumulated by the main trademark to promote the sales and popularity of the sub-trademarked goods, and taking advantage of the huge brand network to occupy the market advantage.
When choosing a sub-trademark, companies generally tend to use names that imply specific product quality, main raw materials, functions, uses, weight, quantity, etc. This kind of sub-trademark is not only helpful for product promotion, but also prone to situations where the meaning is weak and is identical or similar to others, similar goods or services. Considering the above possible trademark rejections, some companies ignore applications for sub-trademarks, or believe that the trademark is somewhat descriptive, lacks meaning, and does not infringe the priority rights of others. Therefore, they continue to use the sub-trademark without applying for a trademark. But in fact, a sub-trademark that seems to have little meaning can accumulate a certain degree of popularity by being used together with the main trademark. Consumers will mistakenly think that the goods with a registered trademark first have a certain relationship with the well-known company using the sub-trademark, leading to confusion. Misidentification.
3. What are the consequences of confusion?
This kind of slackness is very undesirable. Well-known companies that choose to use primary and secondary trademarks on their products are generally well-known companies with many series of products. Once discovered by the trademark owner, the company will need to bear more serious legal consequences, including civil compensation, obstruction of the import and export of goods, etc. The legal representative of the company may even face criminal liability.
4. How to prevent trademark reverse confusion?
When choosing a sub-trademark for a sub-series of goods and services, companies must not only consider market demand, but also pay attention to the importance of trademark search and trademark application. At the same time, it should be noted that texts with certain suggestive functions do not lack distinctiveness, but can distinguish the source of goods and services, and should be searched and registered as trademarks. When a similar target is discovered, it is necessary to collect evidence of use and publicity earlier than the similar target in a timely manner. If there is no evidence of use and promotion of the similar target, the sub-trademark needs to be replaced as soon as possible to minimize corporate losses.