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Is "national" character to blame

  intellectual property Institute, Renmin University Professor Guo He
recently, the State administration for industry and Commerce Trademark Office (hereinafter referred to as the Trademark Office) on "state liquor maotai" preliminary examination and notice of the application for trademark registration, the event attracted attention from all sides. Also know from reports, Kweichow moutai distillery name "state liquor maotai" registered a total of 9 applications, 5 pieces have been dismissed before, recent applications in June 2010, total 4, on July 20, 2012 through the first instance of the Trademark Office. To say that a complex lively topics, you must first understand "country wine" word meanings and social attributes of this label, and then again from a legal analysis of the legal property of its use as a trademark.
first, the "wine" analyses the meaning of the term. In words, the "wine" is very clear, as a national symbol or symbols of States wine. In this sense, the "wine" a Word only has the effect of expression of objective facts, without any element of subjective value judgement, such as opinions. We can think of it as "wine" nature of the term.
However, when after a term popular in human society, may also be given the meaning of subjective value judgement, rather than simply an objective meaning. This value usually are not directly reflected in the literal meaning of the word itself, but in a specific culture in society through the use of a certain time accumulated. This can be thought of as a vocabulary of social property. For example, the "Royal" or "Royal" was originally just under feudal rule a region or country specific families, this is the original meaning of the word. In use, the term both in the East and the West, were given noble, luxurious, elegant, just from the literal meaning of the implications that cannot be read. "Wine" in a word "Guo" in reality they have been given a secondary meaning.
so far as can be seen, the "wine" is a de facto honorary titles. According to this logic, as long as the object representing the highest level of States in this area, can be called "countries". Like the national soccer team, fans are called "international", although the "feet" smell and failed to bring glory to the country. In turn, once a commodity no longer has the highest level of the State, if it had ever known, "Guo", should no longer be called "States". It follows that this so-called "State" title when in an unstable dynamic. Any meet the highest standards of alcoholic products can be labeled "country wine" title. Such a logic, "wine" term, based on its particular implications on the social, is not a symbol that should be given exclusive rights.
maotai liquor plant as an operator in a market economy, is usually impossible to have the right to represent the country. Therefore, the "wine" nature of the term and its use as a mark of "wine" communicate to the public the information gap. But it is for tags users may not mind. Maotai brewery registered the mark is an attempt to have the original intention of the social attribute of the tag. Law about whether this support must be taken with caution, since "country wine" extended meaning of the term as compared to ordinary commendatory is totally different.
Second, again from the "wine" as trademark use of the term point of view. Registration of trademark law provides for a series of prohibited conditions. Start of this sign's descriptive to speak of. Above on "wine" analysis of the meaning of the sign is descriptive; but this description is not directly described the performance of the product. Moreover, constitute a text logo is not just "wine" Word, the key is "wine" is the word "maotai" two words side by side at the same time. Therefore it is difficult to say it is not significant. In addition, the "state liquor maotai" this sign is not manifestly contrary to the public order situation. Therefore, in accordance with the law and the provisions of the present law, it is difficult to simply apply the foregoing negation "state liquor maotai" application. It's like trademark law does not ban those who do not come from the Royal, and trying to use "Royal" and other related terms reveals the implications of commodity use "Royal" and other related marks.
can be seen from the preceding analysis, the "State" will let the public think that the meaning conveyed by the words associated with the State, on behalf of the State, even the part of State institutions. As one of the State's use of trademark in its name "Guo" is well deserved. In July 2010, the trademarks have been included "China" and the first word is "Guo" trademark trial standard to provide opinion constitutes an exaggerated publicity and deceit, lack of remarkable character and have a negative impact will not be approved.
of the control provisions of the State administration for industry and commerce, and let us not say that "wine" Word would have exaggerated propaganda, fraudulent, as well as with prominent "maotai" after the word is still lack of significant issues alone "which have a negative impact" might raise the following issues. According to reported, "recently, Nanjing Bureau in food quality sampling in the, total sampling has 37 batch wine, which 23 batch was sentenced for ' not qualified ', which on including Guizhou maotai factory (Group) Changli wine industry production of maotai senior dry red wine", and "2008, 43 degrees ' Hi meet • maotai welcome bin wine ' has appeared in Shenzhen announced of wine class detection results not qualified products list in the, sampling found, 43 degrees ' Hi meet • maotai welcome bin wine ' total ester, also below related national standards". From these facts, it may make people do the inference: a main character does not directly represent the maotai brewery of the country, even if there are individual accident, at best their own goodwill impairment. If it is has been dubbed the "national drink" the title of the goods are not eligible, has damaged not only the manufacturers of goods.
Conversely, even being dubbed the "national drink" the quality of the goods has been stable, large Chinese different kinds of wines around the wine all over China. Why is moutai has the right to represent the national wine? This monopoly of a registration of a trademark in the market may the vocabulary of advertising impact on consumer purchase behavior is clearly unfair. Trademark Office as Chief should not push this unfair competition. Of course, if there are many excellent wines in its own trademark prefixed with "wine" Word is not appropriate. Behind this seemingly unfair damage is normal market mechanisms.
exists in the past has approved the registration of the trademark "country", I think that may be due to two reasons. First, this "country" nor that "country", that is, in this particular case "country" meaning of the Word as a symbol is not discussed in the foregoing context or meaning. For example, the "three kingdoms", "face", and so on. Second, the review standard grasp. Former is reasonable and lawful, the latter case you can only rely on institutional mechanisms to remedy the situation. All in all, not scar on someone's face as "beauty spot" to follow.