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What is the company’s response after Shanghai Honey trademark infringement?

Honey itself has a fragrant and rich smell and has high nutritional value. People can add honey to their daily drinking water or other suitable drinks to increase the sweetness and supplement certain nutrients. Regarding the main categories of honey trademarks, how should companies choose?

By searching in the Bajie Intellectual Property Trademark Encyclopedia, we can know that the category of the honey trademark is Class 30-3005-honey, royal jelly and other nutritious foods-honey 300098. In addition to honey, this category also includes coffee, tea, cocoa and coffee substitutes; honey, syrup; fresh yeast, baking powder and other drinks or sweets.

As for how to deal with trademark infringement in Shanghai, with the emphasis on trademarks in the market, there are more and more cases of trademark infringement. Companies sometimes want to take shortcuts and do things that violate the provisions of the trademark law. , faced with such a situation, the following methods can be used to deal with it reasonably.

① Objection to infringing trademarks. During the registration period of a trademark, objections can be made during the preliminary examination and announcement. Official terminology is that within three months from the date of announcement, the prior rights holder or interested party may file an objection if they believe that the trademark infringes upon their rights or violates the provisions of the Trademark Law. The Trademark Office filed an objection. So this is one way for an infringing trademark to be rejected.

②Declaration of invalidity. If a trademark has been registered in violation of the Trademark Law, within five years from the date of trademark registration, the prior right holder or interested party may request the Trademark Review and Adjudication Board to declare the trademark invalid. In addition, for trademarks registered in bad faith, the owner of a well-known trademark shall not be subject to Five-year time limit.

③Trademark withdrawn. The Trademark Law stipulates that if a registered trademark becomes a common term for the goods it is approved for use or has not been used for three consecutive years without justifiable reasons, any unit or individual may apply to the Trademark Office to cancel the trademark. The Trademark Office will make a decision nine months from the date of receipt of the application. If there are special circumstances that require an extension, it can be extended by three months with the approval of the industrial and commercial administration department of the State Council.

④ Negotiate a solution, seek help from relevant departments, or file a lawsuit in court. If none of the previous methods can change the status quo, you can also try this method. If there is infringement of a trademark and a dispute arises, the parties shall resolve it through negotiation. If the parties are unwilling to negotiate or the negotiation fails, the trademark registrant or competent person may file a lawsuit in a people's court or request the industrial and commercial administrative department for settlement.

As a result, companies can take the initiative and collect relevant evidence to win back the infringing trademarks. Breaking down each stage at each stage is a more suitable way to deal with the market.