618”商标是通用商标么

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Time of issue:2017-07-28 13:56
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(Summary description)在如今的电商网购促销活动领域，购物达人们最熟悉的还是淘宝的“双十一”，也正是“双十一”让原本的单身狗专属节日“光棍节”变成了一年一度的网络购物狂欢节。　　与此同时，刘强东也眼红阿里巴巴的购物狂欢节，也尝试着在双十一时大搞促销活动，直到阿里巴巴把“双十一”注册成了商标，并以侵犯商标权的名义，禁止京东使用双十一的名号来做电商网购活动。无奈之下，刘强东选择把京东诞生日店庆活动越搞越大，结局成就了与“双十

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618”商标是通用商标么

Categories:最新消息
Author:
Origin:
Time of issue:2017-07-28 13:56
Views:

Information

　　在如今的电商网购促销活动领域，购物达人们最熟悉的还是淘宝的“双十一”，也正是“双十一”让原本的单身狗专属节日“光棍节”变成了一年一度的网络购物狂欢节。

　　与此同时，刘强东也眼红阿里巴巴的购物狂欢节，也尝试着在双十一时大搞促销活动，直到阿里巴巴把“双十一”注册成了商标，并以侵犯商标权的名义，禁止京东使用双十一的名号来做电商网购活动。无奈之下，刘强东选择把京东诞生日店庆活动越搞越大，结局成就了与“双十一”渐渐齐名的“618”。

　　京东今年的618，不仅联手全球的数十万品牌商和各大电商平台大搞线上活动，还拉来了全国几万家线下门店以及加入京东开普勒计划的多家企业一起参与，双线齐下，全面开花。不仅如此，京东还把人工智能、著名IP等融入进来，玩起了“技术+零售、品牌+零售、IP+零售、金融+零售、多终端+零售”五合一，京东在618的角色已经由渠道商转变成了中国零售基础设施的供货商。

　　中国商标网信息显示，“双十一”商标一共有18个之多，其中阿里巴巴集团控股有限公司有三个商标，分别是第35类、38类和41类，涵盖广告、实业经营、实业管理、办公事务、电信、教育、提供培训，娱乐和文体活动等行业，还注册了“双十一狂欢节”“双十一网购狂欢节”“双11狂欢节”“双11网购狂欢节”等共计11个和“双十一”相关的商标。广告类别的商标除阿里巴巴外，其他电商平台不能使用双十一的标签。京东商城也在2013年申请了“京东双十一”商标，涵盖7大类，但商标最终均未注册成功。

　　在618年中购物节的启动仪式上，徐雷专门强调京东的“618”商标并不会自己独享。618的商标和形象，永远、无偿、绝不排他，向包括友商在内的所有企业开放。

　　那么“双十一”和“618”是阿里和京东独家使用商标权利吗?

　　商标法第11条规定，禁止将商品或服务的通用名注册成商标，目的就是为了防止公共资源被私权侵占。

　　“双十一”“618”以后是不是就分属阿里和京东，谁都不能用了?像此类有日期含义的商标，如果过于宣传造势，惹得同行业争相效仿，可能未必是好事。一个标志在注册时不是通用名称，但在标志的使用中却可能因为各种原因失去商标应有的显著性，从而由一个商业标志逐步变成通用名称，一旦发生这种情况，该注册商标且将面临商标被宣告无效。因此对于此类商标，其商标所有人最明智的选择是对外开放，否则别的商家也可以向商标局提出抗议，撤销这个商标。那么结论就显而易见了，在未来“双十一”“618”将为所有人共享。

　　新聞來源：http://www.caigou.com.cn/news/2013062444.shtml

　　本新闻经华讯团队重新编辑整理并添加分析意见。

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Electronic Arts pledges free use for five accessibility patents

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