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The Registration Of Celebrities With The Same Name Is Also Xiao He'S Defeat, Xiao He.

2012/11/11 13:03:00 28

Legal RiskBrandQuanzhouCelebrity Effect

The first attempt to seize trademark and sign another star, the Fujian Iverson brand, provides a reference for many Quanzhou enterprises trying to expand the market rapidly by rush to mark celebrity trademarks.

But is it possible for the brand to sit back and relax with the successful signing of the star? What kind of market risks will the brand core be placed on a star? Many people in the industry have put forward different views.


Legal risks follow.


"Taking the name of the star as a trademark and promoting the popularity of the corporate brand with the popularity of the stars is indeed a labor-saving way in the early stage of enterprise licensing."

Lin Dongliang, general manager of Quanzhou famous brand research association and general manager of Fujian orway trademark intellectual property office, said, "however,

Legal risk

It's like a shadow.


According to the introduction, under the relevant laws of China, there is no requirement for the trademark to be registered to be identical or similar to the name of the public figure for the registered trademark. Moreover, if no objection is raised within the 5 years after the registration of the trademark, 5 years later, even if there is a dispute, the trademark will not be cancelled.


"However, this does not mean that enterprises will be able to sit back and relax after 5 years of controversy.

Although the trademark can not be revoked, the litigant can still claim to stop using the name infringement.

Lin Dongliang said, for example, at the beginning of the year Michael Jordan sued Jordan sports is such, although Jordan sports registered "Jordan" trademark has been nearly ten years, Kerr Jordan is still violating the right of name to prosecute.


Perhaps this is the risk. Some enterprises are trying to resolve this risk by way of cooperation with stars after they have grown stronger.

"But this is also a temporary solution."

Lin Dongliang analysis, "the cooperation between the brand and the stars has a deadline. After the end of the term, if there are differences on the endorsement fees, it can not be renewed, and it is also faced with legal risks.

Unless the two parties expressly stipulate in the contract, they will permanently abandon the doubt about the trademark after the cooperation, and no longer will be held accountable.


Brand is hard to avoid


In many industry insiders, the names of famous stars are being snatch.

brand

In addition to facing legal risks, symbols also face many bottlenecks in marketing and brand operation.


"Very simple reason, a star has its own sports life cycle, even in the most prosperous time, may also encounter negative news.

For a brand, if a star is hired as a spokesperson, when the star is angry or has bad social influence, he can immediately replace the spokesperson. Although there are some losses, the brand can still maintain continuity. "

Professor Yang Shuqing, director of marketing department of Huaqiao University, said.

"If you name your brand with a star, every move of the stars will affect the ups and downs of the brand. Once the star burst out of negative news or downfall, the enterprise will have to face the risk of changing cards."


According to introduction,

Quanzhou

Children's shoes and children's clothing enterprises have also faced such problems. Many enterprises got the right to operate Altman, Spiderman, robot cat and other brands by rush or authorization several years ago when the cartoon was hot.

However, with the change of fashion trend, the original cartoon image is no longer popular, so the enterprise has to change its brand and start over.


"With the help of popular stars, stars and even cartoon characters to promote brand development and enhance consumer acceptance of brands, it is a feasible way to promote brand development.

However, enterprises can not put the brand on a star, they should have their own brand core strategy, so as not to be controlled by others.

Yang Shuqing said.


Product is the foundation of brand.


According to the analysis of the personage in the industry, the brand of the ball players and the edge ball was born around 2004, which is a period when the brand grew up brutally.

However, the brand of these celebrities is not as fast as the brand names expected, and has grown rapidly with the popularity of famous stars. Most of the celebrities' brands have failed to grow into strong brands.


An agent who once acted as "Yi Jianlian sports" told the media that he chose to join the company. He really took a fancy to Yi Jianlian's reputation.

However, after the store opened, the product was not sold well in the market, "because consumers are very rational, and the products themselves are more important. Businesses can not sell products only by Yi Jianlian."


With the help of

Celebrity effect

To get a certain brand of the same name, Yang Shuqing suggests that if the consumer's brand cognition is based on the stars, after measuring the influence of the stars in a comprehensive way, they can sign with the stars. If the consumer's cognition of the brand is based on the products, they can choose more names to get more room for development.

"Enterprises still need to focus on R & D, design and product quality so as to gain the recognition and trust of consumers, which is the root of brand growth."

Yang Shuqing said.

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