P&G Filed an Objection on Trademark Controversy
- Chaileedo Press
- May 12, 2022
- 3 min read
Recently, men's online shopping shampoo received "Panpiao Feisi" caused heated discussion among netizens. According to the China Trademark Network, the company belonging to the "Panpiao Feisi" trademark is Guangzhou Longqier Cosmetics Co., Ltd., which was registered in 2018 and the international classification belongs to 3 classes of daily chemical products. In the end, the trademark "Panpiao Feisi" was decided not to be registered.
Recently, a video of "shopping for shampoo online, but unexpectedly receiving 'Panpiao Feisi'" on the Chinese internet has been sweeping China's social media Weibo. The video shows a man holding a shampoo that looks similar to Head & Shoulders in his hand, but the name on the outer packaging reads "Panpiao Feisi". Chinese netizens have commented: "The three joint funds were created secretly?" "Put the essence of three brands of Pantene, Rejoice and Head & Shoulders in one?"
"It was a surprise to see the name, which was funny." The video shooter said that the "Panpiao Feisi" shampoo in the video was bought by an elder watching the pop-up window advertisements of the e-commerce platform and was not very good at using mobile phones. After receiving the goods, only to find that the outer packaging name is called "Panpiao Feisi". At present he and his wife have used it once, he felt that this shampoo is less foaming and the experience was bad. After washing, the scalp is a little itchy, after using it once, it was thrown away.
In this regard, the staff of the e-commerce platform concerned responded that the platform is not allowed to sell fake goods, if the user finds that there is a problem with the goods during the purchase process, they can contact them for processing, and once the platform verifies, the seller's counterfeiting behavior will be severely punished. For products such as shampoo, it is recommended that users purchase in the official flagship store or brand authorized to store and they need to look carefully before purchasing.
According to public information, "Panpiao Feisi" was applied for registration as a trademark by Guangzhou Longqier Cosmetics Co., Ltd. in February 2018 and was internationally classified as a daily chemical product. It completed registration in December 2018. Procter & Gamble has already filed an objection to this trademark, and eventually, the "Panpiao Feisi" trademark was decided not to be registered.
The trademark documents show that the goods designated for use by the trademarks of the two parties are basically the same in terms of functional purposes, sales channels and consumption objects, so they are similar goods. The text of the opposed trademark "Panpiao Feisi" is composed of some words in the trademarks of "Pantene", "Rejoice" and "Head & Shoulders" cited by Procter & Gamble, which has constituted plagiarism and imitation of the trademark of the opposing party, which is likely to cause consumers to confuse and misunderstand the source of the goods, and the trademarks of the two parties have constituted similar trademarks used on similar goods. In the end, China National Intellectual Property Administration ruled in accordance with the relevant provisions of the Trademark Law that the trademark "Panpiao Feisi" should not be registered.
Trademarks such as "Qing Si Yang", "Yi Fei Si", "Pan Piao", "Iman Lan Adoph" and "Yufang Zi Lai Ya" are all combined with words from other well-known brand names. In addition, the company has a number of court announcements, including trademark infringement disputes and the crime of counterfeiting registered trademarks.
Nowadays, copycat fakes are emerging in an endless stream. Although the e-commerce platform concerned said that there is zero tolerance for fake goods, it requires users to report them. And once reported successfully, they will be punished. However, due to the lack of consumer awareness of the harm of fake goods, some feel that there is not much money being in a loss, so there is no need to report and they give up accountability. Is it because consumers are not held accountable, they are not prosecuted? And it is the pop-up window of the platform where consumers buy fakes. Therefore, the platform must stand up and assume corresponding responsibilities and obligations in such circumstances.
According to China's E-commerce Law, e-commerce platforms should disclose goods or service information in a comprehensive, true, accurate and timely manner, protect consumers' right to know and choose, actively remove the information about copycat fakes, avoiding consumers from buying fake goods and establish a safer and more standardized reputation for their own operations.
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