Recently, Ms. Li, who lives in Hutan New District, ran out of toothpaste at home, so she went to a nearby supermarket to buy a box of "black toothpaste". However, when she came back, Ms. Li found that the new toothpaste was not the same as before. This "black toothpaste" was shorter than the genuine one, and there was a yellow pattern on the top of the package, which read "15 grams more"; The price is also different. Each box of genuine products is about 1 yuan, and this "black toothpaste" is less than 7 yuan; The genuine company address is "supervised by Hong Kong Haolai Chemical Co., Ltd." and the manufacturer is "made by Haolai Chemical (Zhongshan) Co., Ltd."; The authentic English name is "DARLIE”；"; There are few Chinese characters on the outer packaging of this "black toothpaste", and the company address shown is "Producer of Hong Kong (Black) International Industry Co., Ltd." The headquarters address is in Tsim Sha Tsui, Kowloon, Hong Kong, and the manufacturer is "produced by Shantou Jiajiaxuan Daily Chemical Products Co., Ltd."; The English name is "Cleast". In addition, the "black hat" on the outer package of this "black toothpaste" has a right hand with a thumbs up, and the hat is also different.

The reporter saw in the daily necessities counter of this supermarket that "black toothpaste" is particularly eye-catching among all kinds of toothpastes. At first glance, it is really impossible to tell whether it is true or not. "It's all black toothpaste, but the series is different." Supermarket employees told reporters. The reporter bought two on the spot. After opening it, I found that the authentic paste is blue and white, with a faint fragrance besides mint flavor, while the "black toothpaste" paste is white and can only smell strong mint flavor.

The reporter then took two "black toothpastes" and asked some citizens to distinguish them. Almost all the respondents did not know how to distinguish them without comparing them with the genuine ones. When the reporter took out the genuine products, they were all amazed.

[ Manufacturers ]

Each has its own registered trademark

In a telephone interview with reporters, Miss Yu from the Consumer Affairs and Regulation Department of Haolai Chemical (Zhongshan) Co., Ltd., a manufacturer of genuine black toothpaste, said that the relevant logos of black toothpaste, such as "black hat", graphics and fonts, have been registered in the State Trademark Office, which can be considered as infringement, and that they were investigated once in Shunde, Guangdong last autumn.

Later, the reporter found on the company website of Shantou Jiajiaxuan Daily Chemical Products Co., Ltd. that the company applied for trademark registration as early as May 2, and the exclusive right period ended in June 211, even before Haolai Chemical (Zhongshan) Co., Ltd.

[ Lawyer ]

Enterprise's awareness of packaging patent is weak

In view of whether there is packaging infringement of two kinds of "black toothpaste", the reporter interviewed Yu Zhenjie, a lawyer of Liaoning Qingsong Law Firm. Lawyer Yu said that to judge whether there is infringement, the first thing to look at is whether one party has applied for a patent on the outer packaging. If there is a patent number on the outer packaging of black toothpaste, it may be said that it has been infringed, otherwise it cannot be said that it is an infringement. The reporter didn't find the patent number of the outer packaging of black toothpaste on the website of China National Intellectual Property Administration, nor did he find the corresponding patent registration words on the outer packaging of toothpaste.

Lawyer Yu said that in recent years, in addition to black toothpaste, there are similar products: Yunbi is similar to Sprite, Kang Shuaifu is similar to Master Kong, VO Smith is similar to AO Smith, Yunnan Vinegar is similar to Zhenjiang Vinegar, and even Zhouzhu brand washing powder is similar to Zhenjiang Vinegar. More importantly, many enterprises know the social influence of their products, but they have no awareness of intellectual property protection.

[ Consumers Association reminds ]

Consumers should keep their eyes open when purchasing

As for the similar products of "black toothpaste", the staff of the Municipal Administration for Industry and Commerce said that they had not received the report. Judging from the current information, the two "black toothpaste" were suspected of counterfeiting. As for whether it constitutes trademark infringement, merchants need to ask professionals for identification. The staff of the Municipal Administration for Industry and Commerce said that counterfeiting will not only mislead consumers, but also undermine the market order of fair competition, which is a typical unfair competition. The staff of the City Consumers Association reminded consumers through this newspaper that they must keep their eyes open when buying goods, so as not to be deceived.