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How foreign companies can prevent and respond to Chinese trademark squatting

(1) Strengthen trademark awareness

The main reason for the phenomenon of preemptive registration is the indifference of enterprises and merchants in their awareness of rights protection. On the one hand, most companies have not yet formed a complete intellectual property protection strategy, and basically do not have a "monitoring and early warning" system for their own brand markets. Adhering to the "voluntary registration principle" and the "first to apply principle", enterprises should promptly "make up" and register trademarks that have been traded in other countries as soon as possible, and register trademarks that are intended to enter the market of other countries in advance and in a timely manner. In countries where the exclusive right to trademark is registered, as long as the business entity has a strong awareness of trademark rights and applies for trademark registration before or at the same time as using the trademark, there will be no preemptive trademark registration.

(2) Appropriate construction of defensive registration

According to the principle of "one trademark application for one class of goods", a trademark with a certain degree of popularity can be registered in a trademark that is similar or not similar to the trademark. Conduct defensive registrations for each product category to protect against professional trademark speculators. Take the "Wahaha" trademark as an example. In addition to registering the "Wahaha" trademark in the main product categories it operates, Wahaha Group also registers the "Wahaha" trademark in multiple other categories. At the same time, trademarks such as "Hawaha" and "Hahawa" that are easily confused with "Wahaha" were registered separately.

(3) Strengthening market supervision According to Article 30 of the "Trademark Law", for a preliminary approved trademark, within 3 months from the date of announcement, anyone may Raise an objection. Enterprises should pay close attention to the Trademark Announcement promulgated by the State Administration for Industry and Commerce. If identical or similar trademarks are found, they should promptly raise objections to the State Administration for Industry and Commerce and entrust a legal service agency or trademark agency organization to conduct market tracking and monitoring, and provide timely feedback on infringement information. In fact, the successful registration of many trademarks is related to the failure of the rights holders to raise objections in time.

(4) Application for cancellation based on

Article 44, Paragraph 1 of the Trademark Law (as mentioned above). That is, the rights holder who believes that a registered trademark infringes upon his or her rights can apply to the Trademark Review and Adjudication Board for cancellation within 5 years from the date of approval of registration.

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