Legal subjectivity:
According to my country’s Trademark Law, there are generally two situations in which trademarks are preemptively registered: 1. For trademarks that others are already using but have not yet submitted a registration application, Predicting that someone else’s business has potential and someone else’s trademark will be valuable, so they submit a registration application first, wait for the value of someone else’s brand to increase, and then obtain someone else’s equity by selling the registered trademark to someone else or using the registered trademark as a condition for equity participation way to obtain benefits; 2. For registered or unregistered trademarks in use abroad, predict that other people’s business potential and other people’s trademarks will be valuable, and as long as others have not applied for registration in China, submit a registration application first. , and then obtain benefits by selling the registered trademark to others or obtaining the equity of others by using the registered trademark as a condition for equity participation. Regarding the behavior of preemptively registering trademarks, some people have obtained huge benefits from it, while others have gained the most from the scam. Because the trademark law in principle excludes this kind of behavior, in order to protect the good order of the market, in the first case, as long as others can provide evidence of previous use of the trademark, and can prove that the trademark has formed a certain influence , you can apply to the Trademark Office to withdraw the preemptively registered trademark; in the second case, in addition to protecting your own rights and interests for the reasons mentioned above, you can also protect your own rights and interests through priority, etc. In other words, although some foreign companies have not yet applied for registration in China, they may have applied for priority when applying for registered trademarks in their own country. In this case, even if someone in China rushes to register, they will not be able to register in the end. Yes, but wasted my own work expenses. This matter will not have any serious consequences because it does not fall within the scope of a criminal case. The only consequence is whether you can get unearned benefits or waste the registration cost. Legal objectivity:
Article 4 of the "Trademark Law of the People's Republic of China" If a natural person, legal person or other organization needs to obtain the exclusive right to trademark for its goods or services in the course of production and business activities, it shall apply to Apply for trademark registration with the Trademark Office. Bad-faith trademark registration applications that are not intended for use shall be rejected. The provisions of this Law regarding commodity trademarks shall apply to service trademarks. Article 56 of the Trademark Law of the People's Republic of China stipulates that the exclusive right to register a trademark is limited to the trademark approved for registration and the goods approved for use. Article 32 of the Trademark Law of the People's Republic of China: Application for trademark registration shall not damage the existing prior rights of others, nor shall unfair means be used to preemptively register a trademark that is already used by others and has a certain influence.