Trademark squatting is a hurdle that companies cannot overcome. Many companies use their trademarks at the beginning. They feel that their trademarks are not well-known, so it is okay to register later. It is better to wait until the economy stabilizes to register. protect the trademark. This is one of the important reasons why trademarks are squatted. It is wrong for companies to have such psychological activities in the first place.
On the other hand, trademark squatters will select those trademarks with certain influence to register. If the company has registered trademarks in core categories, then the trademark squatters will register trademarks in similar categories or in different categories. Register in other relevant categories. Therefore, if an enterprise has the conditions, it must register in all categories. In short, being able to register as many related category trademarks as possible within its capabilities is an important way to prevent squatting.
Some squatters register trademarks to hoard them and then sell them at high prices to obtain high profits. Trademark squatters will also rush to register other people's prior rights marks for hoarding and selling them. This behavior embezzles public resources and can invalidate the trademark by obtaining registration through improper means. A common one is the registration of hot words.
Part of the reason for trademark squatting is that China’s registered trademark review system is imperfect. Although in recent years, related systems such as trademark squatting or infringement have also been improved, the effect is effective, but it cannot completely stop it. Phenomenon, after all, repeated bans on trademark squatting are not only a common phenomenon in society.
Sometimes, the conditions for trademark registration applicants are too broad. Any enterprise, institution, social group, individual partnership, or individual industrial and commercial household that has received a business license can apply for trademark registration, regardless of the application status. It does not matter whether the person is already engaged in production or business, nor whether the registered trademark applied for is consistent with the business activities in which he or she is engaged.
Although the Implementing Rules of the Trademark Law stipulate that applicants for trademark registration must be legally established enterprises, institutions, social groups, individual partnerships, individual industrial and commercial households, and foreigners or foreign enterprises that comply with legal provisions, but what The law does not provide for which goods or services such a person can apply for trademark registration.
As a result, the goods or services for which a registered trademark is applied are inconsistent with the applicant's production and business scope, causing a proliferation of applicants to apply for registration, and turning most registered trademarks into "idle trademarks" that are not attached to the goods.
In addition, the interests of trademark registration applicants are not fully protected. China adopts the “first to file principle”. Since the application date for trademark registration in my country is based on the date when the Trademark Office receives the applicant's registered trademark application and corresponding relevant information. Therefore, the application date recognized by the Trademark Law sometimes does not correctly indicate the trademark applicant’s application date.
Therefore, enterprises still need to quickly register their own trademarks. Let alone whether they have a certain influence in the market, they will definitely have relevant visibility after operation, so registering trademarks in advance can effectively reduce the number of trademarks. A manifestation of squatting behavior.