Trademark registration is a necessary condition for trademark users to obtain exclusive rights. Only trademarks approved and registered by the State Trademark Office are protected by law. Trademark is the cultural identity of an enterprise. In order to further trademark management, protect the exclusive rights of trademarks, maintain trademark reputation, and ensure the legitimate rights and interests of operators, the Trademark Law has been formulated. This is to ensure that the legitimate rights and interests of operators are not harmed and that rights are safeguarded in accordance with the law.
Malicious trademark squatting is shameful. The applicant uses unfair means to apply for registration of an unregistered trademark that has been used by others in his own name, which is an infringement and violates the trademark law. We can appeal to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce and safeguard our rights in accordance with the law. According to the Trademark Law, malicious registration of trademarks must bear civil liability.
There is a case of squatting on celebrity name trademarks. A tourism company in Xiamen put the names of Xiamen CPPCC members on "bread and pastries" to increase its visibility. Not only did it infringe on the right of name, but it also infringed on the right to preemptively register a trademark. This malicious behavior was finally stopped through legal means.
We should adopt several strategies to protect our rights according to law against malicious trademark squatting. 1. Check whether the trademark status is within the announcement period. If it is within this period, we can file a trademark dispute. If it has been successfully registered, we need to use legal procedures to protect our rights. 2. Be sure to retain relevant evidence of the illegal behavior of the squatter. And evidence that you designed it yourself and put it into use before the squatters. Is this used to prove that he is maliciously registering trademarks? The Anti-Unfair Competition Law can also be used to crack down on squatters.
At a time when brands are increasingly becoming the core competition in various industries, trademarks, as the direct carrier of brands, should receive the attention of management agencies. Only by establishing a correct market mentality, strengthening awareness of trademark protection, and establishing a set of relief mechanisms for trademark squatting and an effective trademark protection mechanism can the rights and interests of brand trademarks be protected from being harmed. At the same time, we will use the law as a criterion to vigorously crack down on the malicious registration of trademarks and better standardize the market economic order.
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