the phenomenon of cybersquatting occurs, and the indifference of corporate merchants' awareness of rights protection is the first main reason. On the one hand, most enterprises have not yet formed a complete intellectual property protection strategy, and there is basically no "monitoring and early warning" system for their own brand market. Adhering to the principles of "voluntary registration" and "application first", enterprises should "make up" trademarks that have been traded in other countries in time and register them as soon as possible, and register trademarks that want to enter other countries' markets in advance and in time. In countries where the exclusive right to use a trademark is registered, as long as the business entity has a strong sense of trademark rights and applies for trademark registration before or at the same time of using the trademark, there will be no preemptive registration of the trademark.
(II) Appropriate construction of defensive registration
According to the principle of "one product, one trademark, one application", a trademark with a certain popularity can be registered defensively in similar or non-similar commodity categories to avoid being infringed by professional trademark speculators. Take Wahaha trademark as an example. Wahaha Group not only registered Wahaha trademark in its main product categories, but also registered Wahaha trademark in other categories. At the same time, trademarks such as "Hawaha" and "Haha Wa" which are easily confused with "Wahaha" have been registered respectively.
(III) Strengthening Market Supervision According to Article 3 of the Trademark Law, any person may raise an objection to a trademark that has been preliminarily approved within 3 months from the date of announcement. Enterprises should pay close attention to the Trademark Announcement issued by the State Administration for Industry and Commerce. If identical or similar trademarks are found, they should raise objections to the State Administration for Industry and Commerce in time, and should entrust legal service agencies or trademark agencies to track and monitor the market and feed back the infringement information in time. In fact, the successful registration of many trademarks is related to the right holder's failure to raise objections in time.
(4) The application for cancellation is in accordance with the first paragraph of Article 44 of the Trademark Law (as mentioned above). That is, the obligee thinks that the registered trademark infringes his rights, and may apply to the Trademark Review and Adjudication Board for cancellation within 5 years from the date of approval of registration.
if you have any questions, you can continue to consult me and look forward to your adoption ~