Baijiu packaging is popular, cloning disturbs the market, and there is no winner
not long ago, Guizhou Maotai liquor group company developed a new brand of Baijiu "little leopard", which quickly sold well in the market. But it didn't take long for "little leopard" wine to sell. It turned out that when the "little leopard" was selling well, a large number of new brands of Baijiu produced by other Baijiu factories, such as "little seal", "little lion", "little tiger", "little clouded leopard", suddenly appeared on the market, and the outer packaging of these products was the same as the "little leopard" of Maotai Group in terms of font design, pattern and color matching. Because the outer packaging of these "miscellaneous brands" is very similar to "little leopard who expresses strong dissatisfaction with the tariff measures of the trump government", consumers who do not know the truth thought that Maotai liquor group had another new product, which is a "sister brand", so they bought one after another, impacting the sales of "little leopard". However, when the distribution unit went to the local patent office to complain about the infringement of some production and marketing enterprises, the local patent office refused, because the packaging design patent of "little leopard" wine was applied for registration more than a year after it was put on the market. According to the relevant provisions of the national "patent law", its packaging design patent has no novelty characteristics, and is regarded as an invalid packaging design patent. "Little leopard" complained that the infringement is invalid, These enterprises cannot be investigated and dealt with
after reading this report, the author believes that the high RTI reinforced flame retardant PET of jusilon was the first to pass the certification and was widely recognized by the market. There are at least two lessons to be learned: first, the product outer packaging pattern design patent must be applied for registration in time, otherwise it will be invalid automatically after expiration. In recent years, the importance of packaging has become more and more obvious. In addition to excellent product quality, many familiar brands also use novel and unique packaging designs and patterns to attract consumers to pay attention to it and buy it, so many enterprises make great efforts in packaging design. It should be said that the original intention of "little leopard" wine is good. Its novel and unique packaging design and product name have attracted consumers to consume it and achieved great benefits. However, its fault is that it did not apply for patent registration for external packaging design in time. Although it applied for registration after that, this kind of packaging has been popular in the market for more than a year. It should be said that it has no novelty features. Therefore, the Patent Department refused to apply for registration. However, its "familiar face" has left a deep impression on consumers. When other manufacturers counterfeit it, they only pay attention to its "familiar face" and do not counterfeit its name. Europe will increase the use of carbon fiber composites as one of the lightweight materials in cars, which makes you helpless
second, the content of "registered trademark" does not represent the pattern. It is two different things, which must be distinguished. As we all know, general products have the words "registered trademark" or "R" mark, but that can only mean that the product name has been registered. For example, "Huiyuan Juice", the registered trademark is only "Huiyuan" brand, and does not represent the entire logo content, pattern and color. But now some enterprises are confused in this regard, mistakenly thinking that "registered trademark" is the logo and pattern of the entire outer packaging, resulting in heavy losses. So be sure to find out between them. When registering the product name, we should apply for a patent for all the contents of the logo (pattern, color, etc.) in time to avoid being "cloned". In addition, long-term interests should be considered when registering product names. For example, "Wahaha" not only applied for a patent, but also registered the "sister names" of the product names, such as "xiaohaha", "wawaha", "wahawa", etc., which made it impossible for imitators and infringers to start. Operators must be cautious in packaging and play the card of "packaging"
Gujing gongjiu and Centennial lonely wine are both recognized as famous, but later, Gujing bajiu came out. The imitation of Gujing tribute wine in its name is really a mockery. Drinking is culture. Gujing tribute wine was originally tribute wine, which was drunk in the imperial palace. This is understandable, but what kind of wine is gujingba? It's nothing more than dominating the name of "Gujing tribute wine". Then there are the frosted bottles used for hundred years of lonely wine, gujingba wine and many other enterprises have followed suit, and the imitation of bottle shape and material has lost its personality. Besides, following the trend and learning from others will always lag behind
however, as a top brand in China, the subsidiary of Guizhou Moutai Liquor Group Co., Ltd. has not completely walked out of the old and crooked way of popular products in the cloning market. In recent years, Longhu liquor, a sub brand of Wuliangye, has been selling well in the market. At the beginning of last year, Wuliangye Group Health Wine Company received a response from some dealers in East and South China, saying that Baijiu packaged like Longhu liquor suddenly appeared on the market, but its retail price was only more than 400 yuan, much lower than the retail price of Longhu liquor of about 1600 yuan, causing a great impact on the market. Longhu Liquor Co., Ltd., the general distributor of Longhu liquor, immediately launched an investigation, and soon found that the production of this kind of low-cost liquor with "appearance" very similar to Longhu liquor was closer to the largest scale manufacturer - Guizhou Moutai distillery. Hu Zigui, the legal representative of Longhu liquor industry, has a design patent for the bottle and outer packaging of Longhu liquor. The Baijiu bottles and Baijiu packaging boxes with the names of "Longteng Sihai" and "Longfeng Chengxiang" publicly sold by Maotai distillery in the market are the same as the design patents and utility model patents obtained by Hu Zigui, which are suspected of infringing their patents. At present, the two sides of the case are discussing. The person in charge of Longhu liquor said that the company would consider resorting to legal means
in fact, as early as January 1993, Guizhou alcohol distillery sued Guizhou Moutai distillery and Guangdong sugar and wine company in Guangzhou for infringement of intellectual property rights, requiring "Moutai" distillery to stop using the same name and packaging and stop unfair competition. In the same month, Maotai distillery sued Guizhou alcohol distillery for infringement of the registered trademark of "Guizhou". In February, 1993, the State Trademark Office approved the renewal of the registered trademark of "Guizhou Moutai distillery" which was originally limited to "Guizhou Daqu" and bottle stickers as a single "Guizhou" character trademark. It means that as long as the word "Guizhou" appears in alcohol products, it will constitute infringement. Therefore, Guizhou alcohol distillery submitted the application for ruling on revocation of improperly registered trademarks to the review and Adjudication Board of the State Trademark Office. In 1995, Guizhou alcohol distillery sued the Beijing Intermediate People's court for the illegality of the renewal of the Guizhou trademark of "Moutai distillery", and the court concluded that "this case should be consolidated with the Guangzhou intermediate people's court for trial". In January, 1996, the Supreme People's court and the State Economic and Trade Commission requested to provide opinions on the "dispute over Guizhou alcohol"; Guizhou alcohol distillery does not constitute infringement. Maotai distillery's "Guizhou" trademark is not renewed properly. Its use of the "Guizhou alcohol" trademark name and similar packaging has constituted unfair competition for Guizhou alcohol distillery. In August, 1996, the state leaders signed and issued the report of the general office of the State Council on the settlement of the "Guizhou alcohol dispute". It is suggested that "the trademark of Guizhou alcohol is improper and should be arbitrated". In November, 2000, the Guangzhou intermediate people's court mediated, and the two sides reached a consensus that "guizhouchun" was exclusively produced by guizhouchun distillery. The two sides withdrew their claims, and the 8-year-old dispute over the trademark of "guizhouchun" ended
the gratitude and resentment between Maotai and guizhouchun have caused great repercussions across the country. Over the past eight years, both sides have been fighting and fighting, involving many departments. In order to fight this lawsuit, both parties have suffered heavy losses. Not only did they spend huge human and material resources in the litigation process, but also market opportunities quietly