Brands are easily damaged. A quality accident, a storm, a piece of news, no matter how big the brand, will collapse. Protecting the brand and maintaining the brand are undoubtedly the cornerstones of the everlasting development of corporate brands. At present, brand protection has become one of the core aspects of corporate development strategies. It is obviously necessary for brand enterprises to strengthen the fight against counterfeiting, infringement, protection of trademarks and patents, prevent and resolve brand crises, and protect brand rights from infringement in the development of brand building. process, if companies want to win the initiative in the increasingly fierce competition, they must fully realize the importance of protecting brand rights from a strategic perspective.

In order to meet the needs of market competition, enterprises must continuously improve their trademark awareness, learn and understand the contents and provisions of trademark laws and regulations, proactively formulate trademark management systems, and provide all-round protection for trademarks. Generally speaking, the trademark management system within the enterprise should include the following contents:

1. The enterprise should set up specialized functional departments

The enterprise leadership group should pay full attention to trademark work and formulate Trademark strategy is integrated into the company's business management system. Although many companies have strengthened their internal trademark management, management functions are scattered and responsibilities are unclear, which is not conducive to scientific management. Large-scale enterprises should set up an intellectual property department, or merge management work into a comprehensive trademark functional department. Strengthen trademark asset management, truly reflect the value of corporate trademarks, and improve the input-output efficiency of trademark assets. Regularly entrust authoritative organizations to evaluate the value of trademarks, promptly and accurately confirm and measure trademark assets, provide a basis for corporate restructuring, foreign joint ventures, and cooperation, and prevent the loss of intangible assets.

2. Carry out trademark classification management and give full play to the role of trademark files

1. Trademark registration files

Registered trademark files include the trademark registration certificate and the design of the trademark , registration application, acceptance, approval, rejection review, objection defense, objection review and defense, dispute defense, transfer, renewal, change and other information;

(1) The enterprise's "Trademark Registration Certificate" is lost or damaged If required, apply to the Trademark Office for reissue in a timely manner. If the "Trademark Registration Certificate" is lost, a loss statement should be published in the "Trademark Announcement". The damaged "Trademark Registration Certificate" should be returned to the Trademark Office when submitting an application for reissue. Enterprises are not allowed to forge or alter the Trademark Registration Certificate, otherwise they will be held criminally responsible according to law.

(2) When an enterprise transfers a registered trademark due to business needs, it should also transfer the same or similar trademark registered on the same or similar goods.

(3) If an enterprise changes the name, address or other registration information of the registrant, it should submit a change application to the Trademark Office in a timely manner. If the name or address of the trademark registrant is changed, all registered trademarks shall be changed together.

2. Trademark use files

Trademark use files include trademark use time, product promotion and sales photos using the trademark, trademark licensing, trademark printing and other information;

(1) Promptly provide prompt reminders on trademark license period, trademark registration renewal, continuous non-use, etc. to prevent the loss of trademark exclusive rights due to expiration of trademark registration and non-renewal for three consecutive years, as well as the loss of trademark exclusive rights due to exceeding the license limit. time limit resulting in trademark infringement.

(2) An enterprise that licenses others (including its affiliated companies with legal personality or affiliated enterprises) to use a registered trademark must sign a trademark license contract. The contract must be reviewed by the person in charge of the enterprise's trademark management agency and reported to the bank. The main person in charge of the company agrees.

3. Trademark management and protection files

Trademark management files include trademark pledge, evaluation and other information. Trademark protection files include legal documents and judgment documents such as trademark objections, disputes, industrial and commercial complaints, court prosecutions, announcement monitoring, infringement monitoring and other information.

3. Form an enterprise trademark system and enhance market competitiveness

The enterprise trademark system is an overall enterprise trademark composed of several enterprise trademarks and their activities that are interconnected and influence each other. General term.

The formation of an enterprise's trademark system should meet the following conditions:

1. The enterprise has a strong awareness of trademarks, forming a good pattern of organic combination of goods and trademarks; it has several registered trademarks, and they are an interconnected whole. If only It is difficult to form a system with two or three trademarks;

2. Each trademark has a strong overall function and basically achieves the "three unifications", that is, the unification of trademark behavior and business behavior, and the unification of trademark reputation and corporate reputation. , the trademark advantage behavior is unified with the enterprise advantage;

3. Enterprise trademark behavior is standardized and scientific, the enterprise's trademark reputation is high, and one or more trademarks have high visibility, which can bring good economic benefits to the enterprise . Establishing a corporate trademark system is conducive to promoting the overall development of corporate trademark work.

IV. Actively assist law enforcement agencies in combating counterfeiting and infringement

my country’s Trademark Law stipulates that the following acts are infringements:

1. Without the permission of the trademark registrant , using a trademark that is identical or similar to its registered trademark on the same kind of goods or similar goods;

2. Selling goods that infringe the exclusive rights of registered trademarks;

3. Counterfeiting, Making other people’s registered trademarks without authorization or selling counterfeit or unauthorized registered trademarks;

4. Changing the registered trademark without the consent of the trademark registrant and putting the goods with the replaced trademark back on the market;

5. Using a mark that is identical or similar to another’s registered trademark as a trade name or product decoration on the same or similar goods to mislead the public;

6. Intentionally Infringing on the exclusive right to use a registered trademark of others by providing convenient conditions for warehousing, transportation, mailing, concealment, etc.;

7. Causing other damage to the exclusive right to use a registered trademark of others.

From the above provisions, the scope of protection of the exclusive right of a registered trademark is much wider than that of the exclusive right of a registered trademark. The exclusive right of a registered trademark is limited only to the approved registered trademark and the approved products for use.

Trademark registrants should adopt a proactive attitude and measures against any behavior suspected of infringing on the exclusive rights of their registered trademarks (including defensive trademarks and joint trademarks) in the market or in advertisements.

1. Conduct necessary legal investigations and legal consultations and collect evidence.

Second, lodge strong protests and representations with the suspected infringers, demanding that they immediately stop the infringement.

Third, complain to the industrial and commercial administration and request an end to the infringement.

Fourth, file a lawsuit with the People’s Court.

Fifth, ask the other party to compensate for the loss, eliminate the impact, and apologize.

Sixth, we must actively cooperate with cases that are proactively investigated and dealt with by the industrial and commercial administration authorities in accordance with their powers and provide the "Trademark Registration Certificate" and other evidence and clues.

Seventh, request customs to seize infringing products that may be exported.

Eighth, those suspected of committing a crime must immediately report the case to the public security department.

Counterfeiting a registered trademark is a serious infringement, and when it reaches a certain level, it constitutes a crime. Enterprises should pay attention to collecting and retaining the market share of goods using the trademark, sales area, continuous use time before and after the trademark is approved and registered, the method, extent, investment and geographical scope of publicity or promotional activities, the value of the trademark, and the market reputation it enjoys , the degree of awareness of the relevant public, and records of infringement of the trademark and other supporting materials, and keep relevant information on anti-counterfeiting activities in archives to safeguard the legitimate rights and interests of the enterprise, advocate for the enterprise's prior rights, fight against counterfeiting, and apply for the recognition of famous trademarks and well-known trademarks. Trademarks provide the basis.