Beware of packaging being "cloned"

Not long ago, there were media reports that Kweichow Moutai Group Company had newly developed a brand of white wine “little leopard” and quickly sold it on the market and sold it hot. It didn't take long for the "little leopard" to sell. According to the survey, when the “little leopard” was well-selling, there was a sudden emergence of brand new brands of “little seals”, “little lions”, “little tigers” and “little cloud leopards” from the other liquor factories. The outer packaging of the product is exactly the same as that of the Maotai Group's “little leopard” regardless of the font design, pattern, and color matching of its product name. As these "brand-named wines" are very similar to "little leopards", consumers who do not know the truth think they are Maotai Group's new products. They are "sister cards," and they have purchased them, affecting the "little leopard" wine. Sales. When the distribution unit went to the local patent office to complain about some corporate infringements, the local patent office rejected it because the packaging design patent of “Leopard” liquor was applied for registration more than one year after it was on the market. According to “patent The relevant provisions of the Law, its packaging appearance patents have no novelty features, strict scrutiny after the appearance of patents deemed invalid, "Little Leopard" complaints of infringement is invalid, can not file for investigation of other companies.

After reading this report, the author felt a great deal of sympathy for the encounter of “little leopard”. However, the reason for this is that readers can see at a glance and get two inspirations from it. The first is that the packaging design patents must be applied for registration in a timely manner, otherwise they expire automatically and become invalid. In recent years, the importance of packaging has become more and more obvious. In addition to the good quality of products, many familiar brands attract consumers to look at it with novel packaging designs and designs, and buy it. So many companies are very hard at packaging design. . It should be said that the original intention of "little leopard" is good. Its novel and unique packaging and product name has attracted consumers to consume it, and has obtained great benefits; but its mistake is that it did not apply for patent registration for external packaging design in a timely manner, after which it applied for registration, but this Packaging has been on the market for more than a year. It should be said that there are no novel features; therefore, the patent department refuses to apply for registration. However, its "familiar faces" left a deep impression on consumers. When other manufacturers counterfeit, they only value its "familiar faces" and do not copy its name, so you can't help yourself. The author once worked as a director of a liquor company for many years. During the period of operation, there was no patent application for the packaging design of ordinary liquor (there was no such awareness at that time), and the result was counterfeited by other manufacturers. Although the outer packaging pattern is the same, the name of the counterfeiter is not the same as yours, not to mention that the outer packaging has not applied for patent protection. "Eat a meal, grow up and be smart," and pay the tuition to know the secret. Therefore, companies must pay attention to packaging design, once the "type" immediately after the application for a patent, do not lose due to small, then regret it.

The second revelation is that the content of "registered trademark" does not represent a pattern. It is a matter of two and must be distinguished. As we all know, the general food has the "registered trademark" or "" sign, but that can only represent the product name has been registered, such as "Huiyuan Juice", the registered trademark is only "Huiyuan" brand, but does not represent the entire logo content and pattern And colors. However, some companies may be confusing in this regard. They mistakenly believe that the "registered trademark" is the entire logo and pattern, and it has suffered a big loss. Therefore, it is necessary to clarify the relationship between them and apply for a patent application for all the contents (pattern, color, etc.) of the logo in a timely manner when registering the product name, and beware of being “clone”. In addition, when registering the product name, it is necessary to take a long-term perspective. For example, “Wahaha” not only has a patent application for external packaging, but also registers the “Sister Name” of the product name, such as “Laughing Haha”, “Baby Haha” and “Wahawa”. "Wait, so that imitators and infringers have no way to start. Packaging can revitalize a company, or it can destroy a company. Operators must be cautious in packaging and lay "packing cards."