Beware of packaging being "cloned"
not long ago, the media reported that Guizhou Moutai group company had newly developed a brand of Baijiu "little leopard", which quickly sold well in the market. But it didn't take long for "little leopard" wine to sell. According to the survey, just 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 in 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 even color matching. Because the outer packaging of these "miscellaneous brands" is very similar to that of "little leopard", consumers who do not know the truth thought that Maotai Group had produced a new product, which is a "sister brand", so they bought it one after another, impacting the sales of "little leopard" wine. However, when the distribution unit went to the local patent office to complain about the infringement of some 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 "Patent Law", its packaging design patent has no novelty characteristics, and after strict inquiry, it was regarded as an invalid design patent. "Little leopard" complained that the infringement was invalid, It is not allowed to file a case to investigate and deal with other enterprises
after reading this report, the author is quite sympathetic to the experience of the "little leopard", but the reason can be seen at a glance by readers, and two kinds of enlightenment can be obtained from it. The first is that the outer packaging 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 famous brands also use novel packaging designs and patterns to attract consumers to pay attention to it and buy it. Therefore, many titanium dioxide market reference prices have a close relationship between the progress of plastic granulator Technology and the development of the whole national economy. At the beginning of the year, 15950 yuan per ton rose all the way up. Enterprises have made great efforts in packaging design. It should be said that the original intention of "little leopard" to publish their research results in the journal advanced functional materials is good. Its novel and unique packaging and product name have attracted consumers to consume it and achieved great benefits; However, its mistake 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, and it should be said that it has no novelty features; Therefore, the Patent Department refused to apply for registration. But its "familiar face" has left a deep impression on consumers. When other manufacturers counterfeit, they only value its "familiar face" and don't counterfeit its product name, which makes you helpless and helpless. The author once worked as the factory director of a Baijiu enterprise for many years. During the operation period, the packaging design of an ordinary Baijiu did not apply for a patent (there was no such awareness at that time), which was imitated by other manufacturers. Although the pattern of the outer package is the same, the name of the counterfeiter is different from yours, not to mention that this kind of outer package has not applied for patent protection at all. "Eat a moat, learn a wisdom". Only after paying the tuition can we know that the experimental machine fixture is an indispensable part of the mystery. Therefore, the enterprise must pay attention to the packaging design. Once it is "finalized", it should apply for a patent immediately. Don't lose too much for too little, and then it will be too late to regret
the second enlightenment is that the content of "registered trademark" does not represent the pattern, which is two different things, and we must distinguish them. As we all know, general food has the words "registered trademark" or "" to indicate, but that can only represent that the product name has been registered, such as "Huiyuan Juice". The registered trademark is only the "Huiyuan" brand, not the whole logo content, pattern and color. But now some enterprises are confused in this regard, mistakenly thinking that "registered trademark" is the whole logo and pattern, and the result is a big loss. Therefore, it is necessary to make clear the relationship between them, and apply for a patent for all the contents of the logo (pattern, color, etc.) in time when registering the product name, so as to avoid being "cloned". In addition, when registering the product name, we should consider the long term. For example, "Wahaha" not only applied for a patent for external packaging, but also registered the "sister name" of the product name, such as "hahaha", "Wahaha", "Wahaha", etc., which made it impossible for imitators and infringers to start. Packaging can revitalize an enterprise or destroy an enterprise. Operators must be cautious in packaging and play a good "packaging card"