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        Thương hiệu Rượu Phú Lộc bị mất – Bài học “sơ hở” trong việc đăng ký nhãn hiệu. Xây dựng thương hiệu vốn là một việc làm “không dễ” để có nhưng nó lại “dễ” bị mất nếu chúng ta không biết cách giữ gìn. Cho đến nay, không chỉ tính những thương hiệu được hình thành trên cơ sở những làng nghề truyền thống của địa phương mà những thương hiệu “lớn” của Việt Nam cũng bị đánh mất ở nước ngoài do sơ hở trong vấn đề đăng ký thương hiệu diễn ra phổ biến và “khó lường”. Một nước mắm-Phan Thiết bị công ty Kim Seng trụ sở tại Mỹ đăng ký trước; café- Buôn Ma Thuật và Đắk Lắk bị chiếm dụng tại Pháp và Trung Quốc; nước mắm-Phú Quốc bị mất ở Mỹ và nhiều nước khác; kẹo dừa –Bến Tre bị mất tại Trung Quốc và may mắn được Nguyễn Thị Tỏ chính thức đòi lại được; café Trung Nguyên bị công ty Rice Field tại Mỹ nhanh chân đăng ký trước; Thuốc lá Vinataba bị một công ty của Indonesia đăng ký tại nhiều nước Asian…Những vụ việc mất thương hiệu đó chính là bài học quý giá để cảnh tỉnh các chủ sở hữu nâng cao hơn nữa ý thức thương hiệu.

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       Thật đau lòng nếu như những thương hiệu do chính mình dày công vun đắp lại nhanh chóng thuộc về người khác, như trường hợp sản phẩm rượu nếp Phú Lộc của Thôn Phú Lộc, xã Cẩm Vũ (Cẩm Giàng), tỉnh Hải Dương bị mất thương hiệu truyền thống vốn có do Công ty CP Xa Lộ 4 đã nhanh chân đăng ký trước. Thực tế, không thể trách Công ty Xa lộ 4 với hành vi trên, bởi lẽ trong kinh doanh ai cũng muốn “kiếm tiền” và việc đăng ký thương hiệu rượu này để sản xuất và buôn bán chính là phương thức kinh doanh mà công ty đã suy nghĩ nên. Chỉ trách ở đây là ý thức thương hiệu và những hiểu biết về pháp luật sở hữu trí tuệ còn chưa được nhiều người quan tâm biết đến. Công ty Xa Lộ 4 đã tiến hành đăng ký thương hiệu rượu Phú Lộc một cách hợp pháp theo quy định của pháp luật sở hữu trí tuệ và thôn Phú Lộc muốn “đòi” lại thương hiệu này là không dễ.

       Người làm nên thương hiệu Rượu Phú Lộc là Công ty TNHH Rượu Phú Lộc được thành lập năm 2003. Năm 2004 ông nộp đơn đăng ký nhãn hiệu rượu Phú Lộc thì phát hiện có người đã đăng ký trước đó 3 tháng. Ông Nguyễn Văn Vịnh-một người dân trong thôn Phú Lộc cho biết: “ông cha chúng tôi đã dày công làm nên hương rượu nếp không ở nơi nào có được. Từ thời Thiệu Trị, Tự Đức tên rượu Phú Lộc đã được nhiều quan lại trong triều biết đến. Chúng tôi mong muốn chính quyền địa phương sớm lấy lại thương hiệu này để chúng tôi và đời con cháu sau này có thể tự hào về một sản phẩm nổi tiếng được chắt lọc từ kinh nghiệm của ông cha”, làng Phú Lộc hiện nay nghề chính là sản xuất rượu và được người dân chăm chút tỉ mỉ mà quên mất phải đăng ký nhãn hiệu thương hiệu.

        Trên con đường tìm lại thương hiệu đã mất của mình, ông Hoàng Hữu Vũ – giám đốc công ty TNHH Phú Lộc đã thương lượng với công ty CP Xa Lộ 4 để nhượng lại thương hiệu nhưng công ty không đồng ý. Nhiều lần làm đơn đề nghị hủy bỏ hiệu lực lên Cục sở hữu trí tuệ nhưng vẫn không được đồng ý. Việc chuyển nhượng lại thương hiệu còn phụ thuộc vào ý muốn của chủ sở hữu hợp pháp hay không và cũng không thể bắt buộc công ty đó trả lại vì quá trình đăng ký nhãn hiệu của họ là tuân thủ đúng quy định của pháp luật. Căn cứ theo quy định của và nếu họ thực hiện thủ tục gia hạn văn bằng bảo hộ nhãn hiệu thì thời hạn bảo hộ của nhãn hiệu là 10 năm và sau thời hạn trên chủ sở hữu có quyền gia hạn hiệu lực văn bằng bảo hộ để tiếp tục sở hữu nhãn hiệu. Nếu công ty Xa Lộ 4 thực hiện các thủ tục gia hạn nhãn hiệu thì nhãn hiệu rượu Phú Lộc hoàn toàn thuộc về công ty này.

        Trong trường hợp này, nếu muốn lấy lại được thương hiệu chỉ còn giải pháp thương lượng để cùng sở hữu nhãn hiệu hoặc làng nghề rượu Phú Lộc lấy một tên thương hiệu khác nhưng có chỉ dẫn địa lý đăng ký tại địa chỉ làng Phú Lộc. Từ đó, cần nâng cao hơn nữa ý thức về thương hiệu để tránh gặp phải những trường hợp đáng tiếc như thế này tiếp tục xảy ra.

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