1. Is the squatting of trademarks legal?

1. The squatting of trademarks is illegal. When applying for trademark registration, you must not damage the existing prior rights of others, nor use unfair means to preemptively register a trademark that is already used by others and has a certain influence. Preemptive registration of a trademark is an act of unfair competition and infringes upon the legitimate rights and interests of the relevant rights holders. is not allowed by law.

2. Legal basis: Article 60 of the "Trademark Law of the People's Republic of China"

There is any infringement of the exclusive right to use a registered trademark as listed in Article 57 of this Law First, if a dispute arises, it shall be resolved by the parties through negotiation; if the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or interested party may bring a lawsuit to the People's Court or request the industrial and commercial administrative department to handle it.

If the industrial and commercial administrative department determines that the infringement is established, it shall order it to immediately stop the infringement, confiscate and destroy the infringing goods and tools mainly used to manufacture infringing goods and counterfeit registered trademarks, and the illegal business volume shall be five If the amount exceeds 10,000 yuan, a fine of not more than five times the illegal business amount may be imposed. If there is no illegal business amount or the illegal business amount is less than 50,000 yuan, a fine of not more than 250,000 yuan may be imposed. Those who commit more than two trademark infringements within five years or have other serious circumstances shall be severely punished. If you sell goods that are not known to infringe the exclusive rights of a registered trademark, and you can prove that you legally obtained the goods and explain the supplier, the industrial and commercial administration department will order you to stop selling them.

For disputes over the amount of compensation for infringement of the exclusive right to use a trademark, the parties may request mediation by the industrial and commercial administrative department handling the matter, or they may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China. If the parties fail to reach an agreement after mediation by the administrative department for industry and commerce or fail to perform the mediation agreement after it takes effect, the parties may file a lawsuit in the People's Court in accordance with the Civil Procedure Law of the People's Republic of China.

2. What materials are needed for trademark registration?

1. An "Application for Trademark Registration". If you entrust a trademark agency to handle the matter on your behalf, you should also submit a "Trademark Agency Power of Attorney";

2. Trademark drawing;

3. Submit a copy of the enterprise's "Business License" or business license A copy of the "Business License" signed by the issuing authority, and the goods or services applied for must not exceed the approved registration business scope;

4. When applying for collective trademarks and certification marks, you should also submit the collective trademark, Certification of the qualifications of the applicant for the trademark and the management rules for trademark use;

5. If a person's portrait is used as a trademark to apply for registration, a letter of authorization from the portrait owner must be provided and notarized by a notary.