Shanzhai in recent years? This word is often mentioned and seems to appear in various events, whether it is TV series, movies, songs or online games. Shanzhai and famous brands are not uncommon.
It can easily lead to confusion and misunderstanding.
So-called? Easily lead to confusion and misunderstanding? It is very dangerous for trademark owners to indicate the source of their goods on their goods. What if the trademark says? XXX goods? Or other signs, but in the actual use process, but did not notice? XXX？ It is easy for consumers to confuse or misunderstand the pronunciation and meaning of these two words as the same commodity. Paragraph 2 of Article 47 of the Trademark Law of People's Republic of China (PRC): A generic name may not be used as a trademark on commodities or other commodities.
Violate the principle of good faith
Article 3 of the Trademark Law stipulates that the principle of good faith means that trademark registrants should follow the principle of good faith, use their trademarks honestly according to their own reputation and image, and serve the interests of the public and others. When registering a trademark, the registrant shall make full use of the registered trademark in the goods or services approved for use by its registered trademark. If there is no registered trademark that obviously harms the public interests, the applicant for registration may change the surname, strokes or characters of the trademark registrant by himself. Does this rule apply to? Famous? Trademark.
Signs not protected by laws and regulations
A trademark stipulated in the Trademark Law shall not use a trademark logo that has certain influence on others on the same commodity, nor shall it hinder others from using the logo normally. In this case, only after the Trademark Office determines that it has obvious characteristics and strong other identifiability, and the overall registration of the trademark is a legal application and successfully registered in China, can it be registered. It must be clearly informed here that there are unprotected marks in the trademark logo that are similar to the trademark applied for registration but do not affect the protection of trademark rights. This act of using trademarks in violation of the trademark law will be punished by law.