Scenic spots such as "Gualv", "He Xiangu" and "Baishui Village" are the products of Zengcheng's natural creation and humanistic accumulation over thousands of years, and contain immeasurable cultural, brand, economic and other values. . Business-minded individuals took advantage of the national trademark law and registered this trademark in an attempt to claim it as their own. This matter must be thought-provoking - the development of tourism industry must be preceded by intellectual property protection

The author once talked with people who care about Zengcheng's tourism industry and responded to the "Zengcheng Daily" report on June 25 this year about "hanging green" I am deeply concerned that tourist attractions such as "He Xiangu" and "Baishui Village" have been privately registered as trademarks. Coincidentally, from Lop Nur, Flame Mountain, and Baiyanggou in far-flung Xinjiang to the "Million Sunflower Garden" in Guangzhou, tourist attractions across the country have had their trademarks registered in recent years, and even Wuzhi Mountain in Hainan Island has been registered46 A matter of trademark. Article 4 of the National Trademark Law stipulates: “A natural person, legal person or other organization that needs to obtain the exclusive right to use a trademark for the goods it produces, manufactures, processes, selects or distributes shall apply to the Trademark Office for commodity trademark registration. The natural person, legal person or other organization If an organization needs to obtain the exclusive right to use a trademark for the services it provides, it should apply for service trademark registration with the Trademark Office. "According to this provision, every citizen has the right to register a trademark. Driven by profit, it is not surprising that people rush to register scenic spots with economic potential to become their own trademarks and use legal means to obtain undivided benefits. In order to prevent problems before they occur, the tourism development department should be far-sighted and protect the intangible assets of scenic spots in accordance with the law. Tourist landscapes such as the Zhuhai Fishing Girl pattern in Zhuhai City and the Danxia Mountain in the World Geological and Landform Nature Reserve must be reported to the Trademark Office of the State Administration for Industry and Commerce by the local competent authorities. Registered trademarks are protected by law.

It is an unethical act to violate the principle of good faith and harm the interests of others by maliciously registering trademarks. Article 9 of the National Trademark Law: “The trademark applied for registration shall have distinctive features that are easy to identify and shall not be related to Conflict with other people's previously acquired legal rights. "Article 31: "Application for trademark registration shall not damage the existing prior rights of others, nor shall it be used to preemptively register a trademark that has been used by others and has certain influence by unfair means." The key is that "prior rights" must be obtained by the parties on their own initiative and in accordance with the law, such as patent rights, trademark rights, copyrights, etc. The world-famous West Garden of Zengcheng, such as the Green Mother Tree, He Xiangu's Family Temple, the Panlong Ancient Vine, and the Traces of the Ancient Sea, are unique landscapes in the world. They are treasures of Zengcheng and cannot be copied or regenerated. If they are not promptly reviewed by the competent government departments, These priceless treasures have obtained prior rights in accordance with the law. Once the intellectual property rights are seized by others, a series of sequelae will occur. For example, after the "Million Sunflower Garden" trademark in Guangzhou was preemptively registered, a huge amount of money was used to buy it, or legal means were used to request the Trademark Review and Adjudication Board to cancel the registered trademark. The procedure would consume a lot of time and energy, which is not cost-effective.

Zengcheng has profound tourism resources, unique geology and landforms, rich original ecological environment and rich cultural and historical landscapes. For example, the Neolithic shell mound cultural site of Jinlan Temple 5,000 years ago and the Xintang Sea Cave 70 million years ago have dual value for world scientific research and tourism. It is recommended to organize archaeology, geology, history, geography, biology and culture, and science and technology. Experts in other fields conduct careful inspections, list tourist attractions suitable for development, and select phrases that are elegant, catchy, and unique in style to apply for registration as trademarks or copyrights. Historical experience is worth learning from. To develop Zengcheng's tourism industry, intellectual property protection must take the first step. By the way, private trademark registration is very risky and not worth promoting. Trademark registrations include commodity trademarks, service trademarks, collective trademarks, certification marks, etc. Among them, certification marks are controlled by an organization with the ability to supervise certain goods or services, and are used by units or individuals other than the organization on their goods. or services, used to certify the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services. Natural persons cannot apply for certification trademarks. So no matter how powerful an individual is, there are always limitations. Moreover, if a registered trademark has been stopped from use for three consecutive years, the Trademark Office can cancel its registered trademark.