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Hermes Appeals To &Nbsp Again; Luxury Brands Are Struggling With Chinese Brands.

2012/3/29 22:22:00 14

Hermes Appealed For Luxury Trademark War

More than 30 years ago, we entered the Chinese market and registered only English trademarks. Hermes " Hermes After finding that the Chinese brand name was registered by Dafeng Garment Co., Ltd., it was found that China Trademark Review and Adjudication Board (hereinafter referred to as the "business jury") demanded a revocation, but was refused. Since then, Hermes has brought the business jury to court, on the grounds that his Chinese trademark is an unregistered well-known trademark. However, the intermediate people's Court of Beijing still upheld the original judgment of the business jury.


Hermes, who has repeatedly been on the wall, is obviously not convinced by such a decision.


No matter what the final decision is, a prolonged seesaw battle is a wake-up call for other luxury brands with the same hidden dangers. As Francis Gouten, the chief executive of the Asia Pacific region and the founder of Gu Teng consulting, said in an interview, "all brands must be remembered that we should pay attention to the protection of Chinese brand names in China."


Luxury brand


But the brand that is also negligent with Hermes is not a minority. When they see their Chinese trademarks appearing in shops in streets and alleys, they wake up like a dream. At present, the Chinese trademark of tagging, which is marked on the ties, baby clothes and swimsuit products, is effective. If it is not tagged on products such as shoes, clothing and socks, which are beyond the approved scope, it will not constitute a tort.


The reason for its negligence is that a lawyer who did not want to be named told this reporter: "the company lacks the internationalization strategy of the trademark, and thinks that an English trademark can go all over the world, but the trademark brand has a high degree of regionality. With the prominent position of the Chinese market in its global market, the importance of Chinese trademarks is self-evident.


At present, for many luxury brands, the Chinese market is a huge engine of its sales, and sales from the Chinese market have even accounted for the leading position of some brands in the global sales share. The industry is also expected that by 2015, China's luxury consumer market is expected to surpass that of the United States as the number one in the world.


In addition, a lot of extravagant brands usually make a mistake that also leads to the appearance of Hermes. MichelGutsatz, director of MBA and EMBA of Marseilles business school, told the reporter: "luxury brands usually register Chinese trademarks only in the products they sell, such as watches, jewelry and so on, while they are not registered in other hotels, restaurants, etc. This undoubtedly left room and possibility for other companies to operate. When they do not want a name like a bar like themselves, they are resolved in court. "


For this reason, Michel hopes that all luxury brands can take this as a guide, and suggests that when the registered brand names are registered, it is necessary to register the possible product categories, "this will be a rewarding investment".


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Intellectual challenge


In fact, many years ago, luxury brands also encountered similar problems in the place where they were selling at that time. At that time, the registration law of Asia was in accordance with the laws of the United Kingdom. In 80s, when Cartier launched a perfume, a clever businessman made and sold ten bottles of perfume in Japan and registered his name locally. When FrancisGouten found it, he had to cash in to solve the problem. Then the problem was completely solved through government public relations and law enforcement.


What is the impact of luxury brand like experience? Lu Xiaoming, former managing director of the former MontBlanc (China) Co., Ltd., in his interview with the newspaper, changed his perspective. He thought: "the impact is not big, because the target customers are two different consumer groups."


For FrancisGouten, this brings more intellectual challenges to luxury brands rather than brand awareness and image influence. Hermes has been in existence for more than 150 years, and it can not be destroyed. But legally, if it does not go to court, it means that its registration is of no value, meaning that anyone can do it anywhere. " He said.


Now in China, for Hermes, which has a long history, although it is a well-known trademark in foreign countries, it has to prove that it was a well-known trademark in China before 1995.


This is also difficult to handle in MichelGutsatz. He believes that in most cases, money can only be used to solve the problem. For this reason, he emphasizes again on luxury brands: "before entering the Chinese market, the brand should think of a suitable Chinese name and register it in all possible product categories."

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