1. First of all, you need to understand that there is a difference between product names and product marks (trademarks). Article 11, Paragraph 1 of the Trademark Law clearly stipulates that a mark that only represents the common name, graphic or model of a product cannot be registered as a trademark. Therefore, if someone else registers it as a trademark, it is recommended to file an opposition application if the trademark is still within the announcement period; if in addition to your proof of prior use, you can also prove that the two parties have contractual business dealings or other possible contacts , or you can file an opposition application within the announcement period on the grounds that the other party has violated Article 15 of the Trademark Law. If the other party's trademark has been approved for registration, you can file a request for invalidation against it.
2. If your trademark has a certain influence and a certain degree of popularity before the other party applies for trademark registration, and the other party is a squatter, you can apply to the trademark within five years from the date of registration. The Trademark Review and Adjudication Board filed a request for invalidation against it. Of course, if you can prove that your trademark is an unregistered well-known trademark and has been registered by the other party, it is not subject to the five-year time limit.
3. Assuming that it is difficult to prove the influence and popularity of your own trademark, it is difficult to prove the other party's preemptive registration, and it is difficult to succeed in applying for opposition and invalidation. Then, according to the relevant provisions of Article 59, Paragraphs 1 and 3 of the Trademark Law, if you are indeed using the trademark before applying for registration, the other party, as the owner of the trademark right, has no right to prohibit you from using it. trademark, but you may be required to attach appropriate distinguishing marks.
Trademarks are like the 5 yuan parking fee. No matter how cheap it is, it feels expensive. Suddenly there is a ticket posted on the glass asking for a 200 yuan parking fine for illegal parking. I really want to give myself a slap in the face. If I had known it, I am also willing to pay 10 yuan for parking! When a trademark infringement occurs and the state asks you to pay 2 million, 3 million, or even 10 million in compensation, you realize that the trademark registration fee of several thousand yuan is so cheap! A trademark does not change the destiny of your business, but prevents the destiny of your business from being changed by others.
If a trademark is registered by an amateur, it is easy to say that it will be resolved through objection or invalidation, but it will cost a huge price if it is an expert.