Currently, Beijing Gome Electrical Appliances Co., Ltd.’s request for invalidation of the “Gome GUOMEI” trademark No. 3574427 held by Wu Yujie is still in progress, and there is no conclusion yet.
However, on November 4, the newly revised Anti-Unfair Competition Law voted and passed at the 30th meeting of the Standing Committee of the 12th National People’s Congress has brought about a turnaround to a certain extent. This law, known as the "Market Economy Constitution", has been adjusted "on a large scale" for the first time in 24 years, clarifying the concept of confusing behaviors such as "famous brands."
Yang Hongcan, Director of the Competition Law Enforcement Bureau of the State Administration for Industry and Commerce, said when interpreting the new law,
"The new Anti-Unfair Competition Law changes the 'market confusing behavior' The following are: first, the scope of commercial signs is broader; second, the definition of 'confusing behavior' is more reasonable, including misleading people into thinking they are other people's goods, but also misleading people into thinking they have a specific connection with others; third, it is consistent with the Trademark Law ", the situation of 'using others' registered trademarks or unregistered well-known trademarks as trade names in enterprise names, misleading the public and constituting unfair competition, shall be dealt with in accordance with the provisions of the Anti-Unfair Competition Law'", in the new "Anti-Unfair Competition Law" "Fair Competition Law" ”
At the same time, there are many products on the market that look familiar. The trademarks, trade names or company names of different products have the same or similar content, and consumers will think that they are from the same company. products or the same producer. The newly revised Anti-Unfair Competition Law stipulates the use of different types of commercial logos to create market confusion, and strengthens the protection of legitimate business activities. The new "Anti-Unfair Competition Law" effectively connects with the relevant provisions of the "Trademark Law". Any market confusion caused by the unauthorized use of other people's commercial marks that have certain influence will be regulated by the "Anti-Unfair Competition Law".
It is worth noting that in practice, how should we understand the concept of "certain influence"? Regarding confusion, in the past, well-known trademarks were required to counter claims of trademark infringement of business names. In the new law, the term "well-known trademarks" is not used, but "business names with certain influence, etc." are used. If it is based on the new Anti-Unfair Competition Law, how should this situation be handled?
In this regard, Jiang Danming, former deputy director of the Treaty and Law Department of the State Intellectual Property Office and executive vice president of Chaofan Shares, said in an interview with the media when interpreting the new law,
"About 'there are How to understand "certain influence", does it require to reach the level of "well-known" or "well-known to the relevant public" stipulated in Article 13 of the Trademark Law, or does it have the same meaning as "have a certain influence" stipulated in Articles 32 and 59 of the Trademark Law? , scholars have differences. I think that according to the provisions of the legislative law and legal theory, the words "have a certain impact" in the "Anti-Unfair Competition Law" and the "Trademark Law" should be understood in the same way for well-known companies that are latecomers in other categories. Regarding the issue of malicious squatting of trademarks, on the one hand, the trademark can be invalidated according to the provisions of the Trademark Law; on the other hand, the squatter can be punished for using the trademark according to the provisions of Article 6 (2) of the new Anti-Unfair Competition Law. The illegal behavior of the brand name will be stopped on the grounds that it 'leads people to mistakenly believe that there is a specific connection with others'."
Obviously, judging from the above-mentioned experts' understanding and interpretation of the law, the new "Anti-Unfair Competition Law" 》It is obviously beneficial to Gome Electrical Appliances. However, it is worth noting that the new law will not be officially implemented until January 1, 2018, and it remains to be seen how administrative officials and judges will apply this law.
However, this is obviously a huge lesson for Gome Electrical Appliances.
The editor of Bajie Intellectual Property Trademark Transfer Network calls on all enterprises and corporate legal representatives to attach great importance to their own trademarks, actively safeguard rights, and open up a bright road for the development and growth of enterprises. Once you find that your trademark exclusive rights have been infringed by others, you must actively collect evidence and take legal means to protect your trademark exclusive rights. Ignoring it is tantamount to indulgence, which will eventually have a negative impact on your brand development.
If you have any questions or concerns about trademarks, buying and selling trademarks, trademark transfers, etc., you can choose Zhejiang Bajie Intellectual Property Trademark Transfer Network, a formal trademark agency registered with the Trademark Office, with 16 years of professional experience. I hope It can help you! You can call the 24-hour customer service hotline: or log in to Zhejiang to choose your favorite trademark!