Is the well-known trademark brand infringed by cybersquatting?
1. Are well-known trademark brands infringed by cybersquatting? In China, the principle of obtaining the exclusive right to use a trademark is that the registration system is the main one, supplemented by well-known acquisition; Voluntary registration system is the main system, supplemented by compulsory registration system. In addition, the Trademark Law adopts the principle of giving priority to the application first, supplemented by the use first, that is, if two or more applicants apply for registration with the same or similar trademarks on the same or similar goods, the Trademark Office will preliminarily examine and approve and announce the trademarks that have been applied for earlier. If the application for registration is made on the same day, the Trademark Office will preliminarily approve and announce the use of the previous trademark. Thirdly, the Trademark Law also stipulates that the application for trademark registration shall not damage the existing prior rights of others, nor shall it preempt the registration of trademarks that others have used and have certain influence by unfair means. Prior right means that the trademark applied for registration shall not conflict with other people's rights such as copyright, name right, appearance patent right, portrait right and name right. Registering a trademark that others enjoy prior rights is essentially an infringement, so even if it is registered, it can be revoked. However, if the prior owner does not advocate revocation within 5 years from the date of trademark registration, the right will be lost. Another way is that the prior obligee can raise an objection to the trademark announced in the preliminary examination and approval, state the facts and reasons for the prior use of the trademark to the Trademark Office, and put forward opinions against registration.