解百纳商标案例的营销启示（Marketing implications of Cabernet trademark case）

1、解百纳商标案例的营销启示（Marketing implications of Cabernet trademark case）The Cabernet trademark case known as the first case of China Wine intellectual property, the industry highly controversial trademark dispute case recently finally results. In June 22, 2008, Changyu announced that the State Administration

2、 for Industry and Commerce of the Trademark Review and Adjudication Board after a demonstration and rigorous review, ruling Cabernet does not belong to the common varieties of grape industry or product common name, is owned by the Changyu company all Wine trademarks, registered trademarks of Changyu

3、 enjoy all rights. As one of Zhangyus main competitors, the Great Wall has made clear that it will maintain the public resources of the industry through legal weapons and appeal within the prescribed time, so as to safeguard the interests of its own and the industry. While the situation needs furthe

4、r attention, what kind of marketing thinking can this kind of case bring us?Pay attention to intellectual property rights and curb unfair competitionThe Cabernet trademark registration dispute lasted nearly 6 years, mainly because it involves some of the basic principles of trademark registration is

5、sues. Following a brief review of Cabernet trademark registration time. In 2001, Changyu company proposed Cabernet trademark registration to the State Trademark Bureau, registered in April 14, 2002 by the National Trademark Office approved, which has aroused strong repercussions in the industry. Aft

6、er that, under the joint opposition including COFCO the Great Wall, Dynasty and the Veyron, well-known enterprises, in July 10th of the same year, the State Trademark Bureau also made on the revocation of the No. 1748888th Cabernet trademark the decision to revoke the registered trademark. Changyu c

7、ompany refused to accept the decision, thus entering the administrative review stage.The focus of controversy about Cabernet trademark is mainly embodied in three aspects as follows: first, whether the Cabernet grape varieties and strains, if raw material name cannot be registered; second, Cabernet

8、is equivalent to Cabernet, third. Whether the product generic name Cabernet, and the general product name cannot be registered. Finally, the State Trademark Review and Adjudication Board judge according to the following reasons: the variety name to go through the National Crop Variety Approval Commi

9、ttee announced to be formally identified, and it is not listed here; Cabernet borrows its, and give a certain meaning for the original Changyu; Zhangyu Cabernet for repeated use and continued investment to produce the unique characteristics of trademark; Wine national standard (GB15037-2006) and Chi

10、nese Wine wine technical specifications and other authoritative laws and regulations will not be Cabernet as wine grape varieties. According to COFCO the Great Walls position, Cabernet trademark dispute will continue.In fact, Cabernet trademark dispute gives us problems than problems of trademark ow

11、nership widely, which is a reflection of the Wine enterprise how to effectively protect their intellectual property rights, to curb the markets unfair behavior. The protection of intellectual property rights in the wine industry exists in three aspects: industry, production area and enterprise. For

12、example, in 1999, the former State Bureau of quality and Technical Supervision issued the Regulations the protection of geographical origin of products; in July 16, 2005, the State Administration of Quality Supervision Inspection and quarantine began to implement the geographical indication protecti

13、on regulations, Regulations shall be repealed at the same time the protection of geographical indication products. The geographical indications for the certification of wine products can be said to be in the industry and production areas two aspects of wine enterprises in the overall protection of i

14、ntellectual property rights. From the beginning of 2002, Changli, Yantai, Wine Wine Wine, Helan Shacheng Shandong Lu Wine and Tianjin Wine have been approved by the State Administration of quality inspection and audit to obtain the protection of geographical indication products. January 1, 2008, Pen

15、glai city Wine winemakers Association Chamber of Commerce and the opening of the Penglai Wine products for signs of the entire Penglai region is one of the Wine intellectual property protection strategy to try.In addition, there are more intellectual property rights protection at the enterprise leve

16、l. For example, since the Great Wall entered the brand integration phase in 2001,In addition to the original division in Shandong and Hebei 3 the Great Wall into the unified management of track, another important task of COFCO wine industry is to resolutely crack down on the market near the famous b

17、rand behavior. In February 2005, COFCO v. the Great Wall Jiayu case is one of the typical case of the end, COFCO acquired (the Great Wall Wine trademark holders) 10 million 610 thousand yuan of economic compensation. Therefore, in addition to gradually improve the legislation and market regulation,

18、Wine enterprises through their own actions effectively protect their own rights and interests is one of the important ways, such as through the trademark registration, the protection of geographical indications and other means to achieve the region identification. Only in this way can Chinese wine c

19、ompanies protect their legitimate rights and interests in a variety of ways.Build core products and highlight brand positioningIt is for many domestic and Wine respected brand competition, mainly because of the product line structure of many enterprises, all belong to the high-end Cabernet series pr

20、oducts, is one of the main sources of corporate profits. But since 2002, high-end products Chinese Wine industry is one of the concepts of Cabernet emerge in an endless stream, many enterprise marketing strategy Wine main push, and other high-end products situation winery, vintage, wine and grape sp

21、irits etc. In the high-end process, the wine industry from the previous 5 billion market capacity has increased to 2007 in 17 billion.If the trademark is unique to Cabernet Changyu, then it means that other brands of Cabernet products is illegal, will not be able to sell in the market, so the proble

22、m of Cabernet trademark ownership becomes significant. From 2002 to the present registered trademark revoked to maintain registration, high-end products Wine Changyu Cabernet series has made rapid growth in the market. Not to mention, Zhang Yu in this process make full use of the spread of intellige

23、nce marketing strategy, worthy of our attention, in fact, Zhang Yu in the construction of core products given great concern and marketing expansion. We previously said, regardless of the success of Cabernet trademark registration, the achievement will be Changyus high-end brand image. In fact, both

24、in the form of products or marketing models, Changyu Cabernet in the body to carry out the brand management a three-dimensional and marketing campaign. The market for Cabernet recognized and sought after, the depth of marketing is originated from changyu.In the market, the success of many enterprise

25、s are using one or a series of products of outstanding market performance, sometimes a brand may also become synonymous with this kind of product, this phenomenon is no exception in the Chinese Wine industry. For example, the Chinese the Great Wall 1992 year wine, Changli summer in recent years of e

26、fforts to build the professional China pink Wine brand , Liaoning Sun Valley manor to promote the Sun Valley Icewine , Gansu Mogaoku flagship Pinot Noir and COFCO in May 2008 to launch the Chateau sungod are all in this area example. In fact, the launch of a product concept or category concept is no

27、t very difficult, at least that is possible, but to make the brand become a leader in the field, often is the comprehensive test of the comprehensive competition ability of the enterprise.In order to achieve the market position of core products, enterprises need to answer a series of questions below

28、. If the market positioning of the enterprise is effective? Does the enterprise have the appropriate resources to support this market position? Has the brand ever found a lasting appeal? Does the system capability within the enterprise drive the brand strategy? Does the external environment support

29、the positioning of the enterprise market? Wait。 From this a series of problems, we can find that the three-dimensional competitive market positioning as a starting point, and then from the inside environment of the enterprise system to ask the management and coordination ability, any one aspect of t

30、he left behind cannot guarantee landing and execution of three-dimensional competitiveness. The construction of the core products of wine brands,From the following point of view to consider and balance: product development, price design, channel construction, marketing communications, promotional po

31、rtfolio and internal system management coordination. Only meet the corresponding requirements of all levels, wine companies in the introduction of core products, will not appear insufficient stamina or only the head without tail marketing problems.Focus on brand management, and achieve competitive a

32、bilityEnterprises should take the brand operation of the road, a key problem is to implement multi brand strategy, corporate brand and product brand will be separated, and the introduction of different brand products to meet the different needs of the target group, the connotation of the ultimate ri

33、ch enterprise brand on the whole. Wuliangye in the liquor industry is a model of success in this area. As the liquor industry OEM in December 2007, the initiator of evil Wuliangye dealer meeting, announced that it will continue to implement the 1+9+8 brand strategy, namely the 1 world brand, 9 natio

34、nal brands, 8 regional brands in more than 70 brands to create 18 key brands to carry 400 thousand tons about high wine sales scale. In recent years, Luzhou Lao Jiao also has been pursuing a Guo Jiao 1573 and Luzhou Lao Jiao Tequ wheel drive national market brand strategy. This brand architecture ma

35、kes the two brand in the national market break, harvest, Guo Jiao 1573 in the 2007 annual sales revenue exceeded 1 billion yuan success.From the current market structure and brand strength, Chinas wine industry has 3 brands with brand operation capabilities, namely Changyu, COFCO wine and Frances Cu

36、ster brand. As a special case of the growth of foreign wine brands in China, lets take a look at Custer. Since 2002, by Custer and Zhangyu cooperation achievements of the brand, but its Custer in April 2006, imported bottled wine project and Changyu after taking part company each going his own way t

37、hought of brand operation. The French Custer group did not use Custer as an ordinary product brand, but as an enterprise brand. Custer launched the Custer Yaxinsi winery, Custer Fei Rand winery series of products.In April 2008, Custer Wine Co. Ltd. was established in Beijing, affiliated enterprises

38、include Beijing Donghai fairgain International Wine Co. Ltd. (French Custer brand series of products in Wine China only strategy for the promotion and business dealers, responsible for the import of the original bottle sales across the board) and Yantai Custer Wine Co. Ltd. (established in Yantai is

39、 mainly responsible for filling base. The origin of Custer wine import and sales filling) and Yantai Custer Winery Co. Ltd. (responsible for the French Wine Museum and Custer Custer winery operations). This series of actions marks the strategic upgrading of Custer in China, and its main direction is

40、 to become a multi brand, multi-level brand operators. Zhang Yu in this process, and gradually build a 4+1 brand matrix, on the one hand to promote the overall brand of tolerance, on the other hand, can weaken Zhang Yu ? Custer winery strategic position. But how to get rid of the French Custer group

41、 in the Chinese market upgrading strategy under the background of competition, strategic transformation is the Changyu in Custer solo has been facing difficulties.In addition, COFCO wine as another giant China beverage market, which owns include the Great Wall, Jun top winery, Chateau sungod, Yellow Emperor and t