Chinese culture is extensive and profound, there are many words with the same or similar pronunciation. In recent years, homophonic words are used more and more skillfully in our daily life.
For example, some homophonic brands, such as Mei Chaofeng, Mei Chaofeng, Quanjia, zhenshomen, nvzhujiaozi, etc.
In addition to commercial brands, official accounts also like to play homophonic stems, such as "zheliban" in Zhejiang, "yukuaibao" in Chongqing, "Changtong code" in Nanchang, "Jixiang code" in Jilin Province, and "noble service" in Guizhou Province. They are not only called "Shunkou", but also auspicious and festive pictures, which are easy to remember!
Since the homophony is used for trademark registration, it's natural for people to use homophony.
Recently, the data shows that Xiamen Shanxing Hanfang Biotechnology Co., Ltd. has added a number of trademark information, including "Changting", "zhifusheng", "meiyikeli" and "meitaolu". The trademarks are classified into clothing, shoes and hats, medicine, food, beer and beverage. The current status is "waiting for substantive examination".
According to the public information, Xiamen Shanxing Hanfang Biotechnology Co., Ltd. was established in June 2015 with a registered capital of RMB 5 million. Its legal representative and major shareholder are Zhu hongsong. Its business scope includes biotechnology promotion services; retail of wine, beverage and tea prepackaged food (excluding refrigerated and frozen food); health food retail; health food wholesale; Internet sales.
The Trademark Office inquired that there were 68 trademarks in the company's name. In addition to "Changting", "zhifushun", "meixiali", "meitaolu", there were also "meifudan", "xilaile", "biyouzui" and "biyueban".
Trademark applications are distributed in various categories, of which 23.52% have been successfully applied.
It is understood that the trademarks of "avoiding Youzu" and "avoiding the moon and half a year" are invalid.
This kind of trademark name which splits Chinese characters and uses Chinese characters irregularly is easy to be rejected. As a trademark, nonstandard Chinese characters or idioms are easy to disturb the use order of Chinese language, mislead teenagers' cognition of standard Chinese characters, and constitute "adverse effects". Therefore, such trademarks are likely to be rejected.
Just as Article 10 (8) of the trademark law stipulates: signs harmful to socialist morality or other harmful influences shall not be used as trademarks.
Other trademarks are good enough to say that they do not match other brands, but can Alipay promise this "know the belly" trademark?
It is reported that Xiamen Shanxing Hanfang Biotechnology Co., Ltd. has applied for 6 trademarks of "Zhifu satiety". As early as February 28, 2019, it has applied for category 5 "zhiweisheng" trademark, and the trademark has been approved for registration. Category 29 - food, category 35 - advertising sales and other categories are not so lucky, currently in the objection process or invalid state.
In recent years, trademark "touching porcelain" incidents are common, large enterprises in order to protect their own trademark moat is also "fight" to do their best.
According to public information, Shanghai Guanshengyuan Food Co., Ltd. has applied for 838 trademark information, among which there are many trademarks around "big white rabbit". Besides "big white rabbit", it has also applied for "giant white rabbit" and "giant white rabbit".
As many netizens have disclosed, there is a "six day rabbit" ice cream on the market, and the shape of the commodity is very similar to that of the big white rabbit.
Netizens have launched a heated discussion
"Trademark registration is actually a very hard core thing. It is full of language wisdom, which is a challenge of imagination."
"This should not be regarded as a rush to register, it is a collision with porcelain."
"During the Spring Festival, some relatives brought a box of nutrition and happiness. They didn't dare to drink it."
"I don't want to talk to anyone who has drunk monley milk."
"I'm so laughing that I almost choked by Yue Li Yue."
"Blue moon shell laundry solution to understand."
Can homophony be registered as a trademark?
For the above-mentioned registered homophonic trademarks such as "Changting" and "Zhifu satiety", some lawyers also said that the behavior was not advisable.
"When a trademark is registered, the Trademark Office will not approve the use of words similar to pronunciation to register trademarks of the same type of products. Because the trademark registered by the trademark registrant will lead to consumers' misunderstanding of goods and services, which will constitute infringement. " Industry lawyers said.
Article 4 of the trademark law stipulates that if a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services in its production and business activities, it shall apply to the Trademark Office for trademark registration. Any malicious trademark registration application not for the purpose of use shall be rejected. The provisions of this Law concerning trade marks shall apply to service marks.
At the same time, some people in the industry also said: "these homophonic trademarks can be registered as long as they do not violate the national trademark law and there are no similar trademarks previously registered. But such a trademark does not mean that it can become a brand in the future. "
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