As an important asset of an enterprise, the use and management of trademarks must comply with relevant laws and regulations. In the Trademark Law, there are some prohibitive clauses, which stipulate the prohibited acts of trademarks, including prohibiting infringement of the exclusive right to use the trademark of others, prohibiting deception of consumers, etc. In this article, Shuangqian trademark consultants will start with the case of "Foxi Tea Latte", ** the prohibition clause of the trademark and its impact on the enterprise.
1. The trademark "Foxi Tea Latte" is banned.
"Foxi Tea Latte" is a milk tea brand that is loved by consumers, but soon after the brand was launched, it was maliciously registered by some peers. These squatters took advantage of the prohibitive clause in the trademark law to ban the "Buddha Tea Latte". This means that no other enterprise can use the trademark for commercial activities except for the squatter's own use of the trademark.
II. Scope of Application of Trademark Prohibition Clauses.
The prohibition clause of a trademark mainly applies to the following situations:
1.Infringe on the exclusive right to use the trademark of others. If a trademark has been registered or applied for registration by others, other enterprises are not allowed to use the trademark for commercial activities, otherwise it will constitute infringement.
2.Deceive consumers. If the use of a trademark is misleading to consumers, such as misleading consumers into believing that the goods are from or associated with a particular business, the trademark will be disabled.
3.Violation of public order and good morals. If the design or name of a trademark contains immoral or uncivilized elements, or is related to sensitive topics such as politics and religion, then the trademark will be banned.
3. The impact of the trademark prohibition clause on enterprises.
The impact of trademark prohibitions on businesses is significant. First of all, if the trademark of the enterprise is disabled, it will bring great inconvenience to the business activities of the enterprise. Secondly, if the enterprise is unable to use the original trademark for publicity and sales, it will have an adverse impact on the brand image and market position of the enterprise. In addition, if a company needs to redesign and promote a new trademark, it will cost a lot of time and money.
4. How to avoid the occurrence of trademark prohibition clauses.
In order to avoid the occurrence of trademark prohibition clauses, enterprises need to do the following:
1.Trademark registration and monitoring. Enterprises should register their trademarks in a timely manner and monitor them regularly to prevent them from being preemptively registered by others.
2.Ensure that trademarks do not infringe the rights of others. Enterprises should pay attention not to infringe on the rights of others when designing trademarks, including non-infringement of others' copyrights and patent rights.
3.Ensure that the trademark does not contain unethical or uncivilized elements. Enterprises should be careful not to use patterns or names that contain immoral and uncivilized elements when designing trademarks.
4.Strengthen market supervision. ** The supervision of the market should be strengthened, and the infringement of the exclusive right to use trademarks and the deception of consumers should be severely cracked down.
V. Conclusions. The prohibition clause of a trademark is one of the laws and regulations that companies must comply with. It can be seen from the case of "Foxi Tea Latte" that the prohibition clause of the trademark has an important impact on the operation and development of the enterprise. Therefore, enterprises must pay attention to the registration and monitoring of trademarks to ensure the legitimacy and standardization of trademarks, so as to avoid unnecessary losses to enterprises due to violations of prohibited clauses. At the same time, market supervision should also be strengthened, the legitimate rights and interests of enterprises and consumers should be protected, and the healthy development of the market should be promoted.