1. What are the countermeasures for malicious trademark squatting? 1. Submit an objection to the Trademark Office when the preliminary review announcement of the squatted trademark is made. According to the provisions of Article 33 of the Trademark Law, "to For a trademark that has been preliminarily approved and announced, within three months from the date of announcement, the prior right holder and interested parties may file an objection with the Trademark Office and request the Trademark Office to disapprove the registration.” 2. After obtaining the trademark registration certificate, file an objection with the Trademark Office. The review committee declares the registered trademark invalid. According to the provisions of Article 45 of the Trademark Law, if a registered trademark violates the provisions of Article 32, the prior right holder or interested party shall be liable within five years from the date of trademark registration. You can request the Trademark Review and Adjudication Board to declare the registered trademark invalid. For those registered in bad faith, the owner of a well-known trademark is not subject to the five-year time limit. 3. After the objection and invalidation declaration are unsuccessful, an administrative lawsuit is filed with the People’s Court. If the objection and invalidation declaration are unsuccessful, according to the provisions of Article 44, Paragraphs 2 and 3 of the Trademark Law: “The parties concerned If you are dissatisfied with the Trademark Review and Adjudication Board’s decision, you may file a lawsuit with the People’s Court within thirty days from the date of receipt of the notice.” Therefore, the infringed enterprise can protect its own rights and interests through administrative litigation. 4. Apply to cancel a preemptively registered trademark. Paragraph 2 of Article 49 of the Trademark Law stipulates: "If a registered trademark has not been used for three consecutive years without justifiable reasons, any unit or individual may apply to the Trademark Office to cancel the registered trademark." If If a trademark has been maliciously registered and has not been used for three consecutive years, the rights to the trademark can be obtained by revoking the trademark that has not been used for three years and applying for trademark registration at the same time. 5. The parties involved in the trademark dispute can also resolve the issue of trademark rights through negotiation and negotiation. In this case, the trademark owner who has been maliciously registered will usually spend tens of thousands, millions or even tens of millions of dollars. Purchase (transfer) the trademark. 2. Characteristics of trademark rights 1. Exclusivity, also known as exclusivity or monopoly, means that the trademark registrant enjoys the exclusive right to use its registered trademark. The basic purpose of granting the owner of a registered trademark the exclusive right to use is to establish a fixed connection between a specific trademark and specific goods through registration, thereby ensuring that consumers can avoid confusion and receive accurate information about the source of the goods. In other words, any unauthorized use in commerce will constitute an infringement of trademark exclusive rights. This exclusive right manifests itself in three aspects: (1) The trademark registrant has the right to use its registered trademark on the goods, product packaging or services and service facilities that it has approved for use in accordance with the relevant provisions of the Trademark Law. Others are not allowed to interfere; (2) The trademark registrant has the right to prohibit anyone else from using the same or similar trademark on the same or similar goods without his permission; (3) The trademark registrant has the right to permit others to use his or her registered trademark You can also transfer your registered trademark to others. This kind of permission or transfer must comply with legal provisions and perform certain legal procedures. 2. Timeliness refers to the validity period of the exclusive right of a trademark. Within the validity period, the exclusive right to use a trademark is protected by law. If renewal procedures are not carried out beyond the validity period, it will no longer be protected by law. The trademark laws of various countries generally stipulate the protection period for the exclusive right of trademarks. Some countries stipulate a longer period, and some countries stipulate a shorter period, ranging from twenty years to seven years, and most of them are ten years. The validity period of the exclusive right to use a trademark stipulated in my country's Trademark Law is ten years. Article 38 of the Trademark Law stipulates: “If a registered trademark has expired and needs to be continued to be used, it shall apply for renewal of registration within six months before the expiration. If the application is not made during this period, six months may be granted. If the extension period is not submitted, the registered trademark will be canceled for ten years. The registration renewal will be announced after it is approved. Protection is limited by geographical scope. The exclusive right to use a registered trademark only enjoys legal protection in the country where the trademark is registered, and non-registered countries have no obligation to protect it.
If a trademark registered in my country wants to obtain exclusive trademark rights and receive legal protection in other countries, it must be registered in these countries respectively, or apply for territorial extension in the member states of the agreement through international intellectual property treaties such as the Madrid Agreement. 4. Property: The exclusive right to trademark is an intangible property right. The entire exclusive right of a trademark is an intellectual achievement, which embodies the efforts and labor of the right holder. Intellectual achievements are different from tangible material wealth. Although they need to be expressed through a certain carrier, the carrier itself does not have much economic value. What can only embody huge economic value is the intellectual achievements contained in the carrier. For example, the "Coca-Cola" trademark, "Quanjude" trademark, etc., the carriers of their trademarks: Coke, roast duck, etc. are not expensive things, but the trademark itself has extremely high economic value. After evaluation, the value of the "Coca-Cola" trademark Reaching more than 70 billion U.S. dollars, and "Quanjude" as China's national brand had an estimated value of 10.634 billion yuan in 2005. Through trademark value assessment, these trademarks can be regarded as intangible assets and become part of the enterprise's capital contribution. 5. Category Category: The Trademark Office of the State Administration for Industry and Commerce will review and approve the trademark based on the category and product (service) item name approved in the "Trademark Registration Application" submitted by the trademark registration applicant. The scope of protection of registered trademarks is limited to the approved categories and projects. Based on the "International Classification of Goods and Services for Trademark Registration" provided by the World Intellectual Property Organization, the "Classification Table of Similar Goods and Services" formulated by the State Trademark Office classifies goods and services. The total number is divided into 45 categories. In the same or similar categories and goods (services), only one trademark right holder is allowed to own the same or similar trademark. In different and similar categories, different right holders are allowed to own the same trademark. or similar trademarks. In any case, dealing with malicious trademark registration must be carried out step by step in accordance with the corresponding procedures. Direct prosecution without a ruling by the Trademark Review and Adjudication Board is groundless. In fact, even if the trademark was registered in bad faith, the original owner of the trademark cannot provide any evidence that the other party has registered the trademark in bad faith. Therefore, it cannot be legally determined that the trademark was registered in bad faith.