It is emphasized that the first application must be based on the principle of good faith, and it is not allowed to steal a trademark that has been used by others and has established a good reputation
It is emphasized that the first application must be based on the principle of good faith, and it is not allowed to steal a trademark that has been used by others and has established a good reputation as one's own trademark to apply for registration, which makes up for the shortcomings of the absolute registration principle and prevents the occurrence of unfair situations in fact. (2) Preemptive registration of registered trademarks Registered trademark rights are rights determined by national laws, but are subject to geographical and time restrictions. Regionality determines that a trademark is protected in one or several specific countries and regions. Countries or regions are not protected. This may cause A to register trademark a for goods or services of type b in country C. If A does not register the same application in country D, B may register trademark a or a trademark similar to trademark a in country b. For goods or services of type B or similar to type B, apply for registration in country D or apply for registration before A and obtain approval. Although such behavior of preemptively registering a trademark may seem morally questionable, there is nothing legally wrong with such registration. In the past, due to the weak trademark awareness of Chinese operators, their trademarks owned in China and already had a certain or good reputation in some countries and regions were preemptively registered by others in that country or region, resulting in Chinese operators in that country or region The original trademark registered in China cannot be used and eventually withdraws from the market of that country or region; or although the trademark continues to be used and occupies the market, a high price is paid to obtain the other party's transfer of trademark ownership; some have to start a new one "stove". I suffered a loss in terms of economic interests, but I was powerless legally. However, with the development of my country's market economy, it has become increasingly common for some domestic enterprises and individuals to rush to register well-known foreign trademarks in China in order to seek economic benefits. (3) Preemptive registration of well-known trademarks is more complicated than preemptive registration of unregistered trademarks and registered non-well-known trademarks. After a well-known trademark is preemptively registered by others in another country or region, can the exclusive right of the original owner of the well-known trademark be used in that country or region? Obtaining protection in a country or region ultimately depends entirely on the determination of the competent authority of the country or region where protection is requested based on its own laws. If it is believed that the preemptive registration by others is legitimate, the original trademark owner will lose the ownership of the trademark within its jurisdiction and cannot be protected; conversely, if it is believed that the registration is unfair, it can obtain protection. (4) The problem of conflict of rights To solve the problem of conflict of rights of different types of intellectual property rights, the current law has a basic principle, which is the "principle of protection of prior rights". This principle embodies the principles of fairness and good faith in civil law, and has specific provisions in the Patent Law and Trademark Law. Judging from the provisions of current laws, regulations and rules, the rights and obligations arising from patent rights and trademark rights are subject to different legal adjustments. There is no distinction between who is higher and who is lower, who is stronger and who is weaker. If a conflict of rights occurs, the "principle of protection of prior rights" applies. Based on what has been said above, squatting on other people's trademarks is a very unethical behavior. Although it does not constitute a crime, the squatter must compensate for the losses suffered by others. Therefore, as long as it is recognized as a trademark In the case of squatting, trademark rights holders can use legal means to snatch back their own trademarks.