1. What are the responses to malicious brand squatting? 1. File a dispute over the trademark with the Trademark Office. Prerequisite for filing a dispute: Evidence that the foreign brand promotion time is earlier than the time when the trademark was registered in China must be presented. For example, the invoices, order forms, etc., and advertising brochures with the brand used before the trademark was registered. Moreover, this foreign brand already enjoys a certain degree of popularity domestically and internationally. If the above conditions are not met, the possibility of winning the dispute is less. Our country implements the first-to-file principle. 2. Propose to the Trademark Office the cancellation of the domestic pre-registered trademark and not use it for three years. Prerequisite: The domestic trademark has been registered for three years and the trademark has not been used within three years. According to the provisions of the Trademark Law: If a trademark has not been used for three years after registration, you can apply for cancellation on the grounds that it has not been used for three years. If the trademark registrant cannot provide evidence of use within the specified time limit, it will be cancelled. 3. Re-register the trademark. The trademark cannot be similar to the original trademark. As for the popularity of the trademark, you don’t have to worry about it. As long as the product quality is good and you pay attention to publicity and promotion, you can still achieve good sales. A trademark does not necessarily have to correspond to a business name. 4. If the above two conditions are not met, and the trademark must be used domestically, it must be transferred back at a high price. 2. What are the forms of trademark squatting? (1) Squatting on unregistered trademarks. China’s Trademark Law stipulates that if two or more trademark registration applicants apply for registration of identical or similar trademarks on the same or similar goods, the trademark applied for first will be initially reviewed and announced, and the trademark of the others will be rejected. The application will not be announced. If there is no objection within 3 months of the announcement period or the objection is not established, the registration will be approved. China’s Trademark Law does not grant any exclusive rights to users of unregistered trademarks. When a certain trademark is used without registration, the user has no right to prevent others from using the same goods, services or similar goods or services using the same trademark. Or use a similar trademark or apply for registration first. Only when the user of an unregistered trademark applies for registration on the same day as the non-user, based on the current situation of China's trademark use and application for registration, the applicant who used the trademark first will be taken into account so that he can be approved for registration. This scope is limited, it cannot restrict others from applying for registration, and it must not violate the first-to-file principle. (2) Preemptive registration of registered trademarks. Trademark rights are rights determined by national law, but are subject to geographical and time restrictions. Territoriality determines that a trademark is protected in one or several specific countries and regions, but cannot be protected in countries or regions other than the country or region where it was registered. 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 Preemptive registration of well-known trademarks is more complicated than preemptive registration of unregistered trademarks or registered non-well-known trademarks. After a well-known trademark is preemptively registered by others in another country or region, whether the original owner's trademark exclusive rights can be protected in that country or region ultimately depends entirely on the competent authority of the country or region where protection is requested based on its own laws. Legal recognition.

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) Preemptive registration of other prior rights. One of the more prominent contradictions currently existing in the protection of intellectual property rights is the conflict of rights. Some subsequent rights holders take advantage of legal gaps to maliciously transfer design patent rights or copyrights that have been obtained by others. Other rights are registered as trademarks. In the modern economic market and social environment, trademarks have almost become the first image of a company in the minds of consumers. From an objective point of view, it is understandable that many small and medium-sized enterprises or individual industrial and commercial households apply for registration when their trademarks have certain social influence. However, it is precisely because of this idea that malicious brand squatting has occurred. However, the current effective response methods are the above four.