The so-called unfair competition means that operators and market participants use such means as violating the principles of fairness, honesty and credit to strive for their own interests. In the process of striving, it will damage the competitive advantage of others and bring huge losses to consumers and other profit-seekers. This behavior has constituted a serious disturbance to the social and economic order. Recently, the trademark of Huawei, a famous enterprise, was registered by Liang Fengtai. Is Liang Fengtai suspected? Unfair competition? , what's going on?

First, what happened?

If you know Huawei well, you should know the HiAI trademark well, right? According to the latest judgment of Beijing Intellectual Property Court, Huawei's application for the trademark is invalid, and the first-instance judgment is invalid. It seems that this is a trademark war, but in fact it is a time war. Why do you say that? The key to the success of Shanghai Liangfengtai lies in time. Liang Fengtai submitted an application for registration of HiAI Class 9 trademark on September 25th, 20th17, and obtained the registration announcement on September 25th, 20th18, and possessed the actual ownership of the trademark right. Huawei applied to use the trademark on 20 17 10, which was rejected in July 2008. Therefore, Huawei's trademark application is 46 days later than its partner Liang Fengtai, and this 46-day Liang Fengtai has a great advantage in winning. Is this behavior of Liangfengtai unfair competition?

Second, the criteria for judging unfair competition.

Because the subject has been determined, that is, the competitive behavior of two enterprises, we will no longer look at the judgment and decision-making of the subject. The most important thing is to see if this matter constitutes unfair competition. Competition generally means that two or more operators consciously compete for consumers or compete in the market. However, this injustice depends on subjective judgment. Generally speaking, it is mainly misconduct, and the operator must have subjective fault, but the victim wants to prove that the other party is? On purpose? It is more difficult.

Therefore, it is better to reflect on the other side's unfair competition. For a brand, the trademark is the most important, and the right to register the trademark must be grasped in your own hands as soon as possible. Who wouldn't want a piece of the action for a company like Huawei?