What should I do if the school trademark is squatted?
1. What should I do if the registered trademark of the school is registered? First of all, it is clear whether the other party is "malicious cybersquatting". If it is deemed as malicious cybersquatting, you can raise an objection within 3 months before the successful trial of the registered trademark of the other party, and submit the evidence that your own company uses the trademark. If the malicious cybersquatting is successful, you can file an invalid application, cancel the application and bring legal proceedings, or settle in private. (1) Make sure whether the other party "maliciously grabs" 1. In order to seek illegitimate interests, the applicant wants to sell it to you at a high price, for example; 2. The applicant took improper measures, such as: knowingly registered the trademark you used; 3. Successfully registered; Only when the above conditions are met can it be defined as "malicious cybersquatting". China's Trademark Law stipulates that an application for trademark registration shall not preempt the registration of a trademark that has been used by others and has certain influence. According to the Trademark Law, if a trademark is registered, you can protect your rights and interests in the following ways. (2) The solution of malicious cybersquatting 1. Trademark 1 raises an objection during the registration process: when others apply for the company's trademark registration first, they can raise an objection within 3 months of the announcement period of the preliminary examination of the registered trademark of the other party, and submit the evidence that their own enterprise company uses the trademark. The trademark has been registered first. Invalid application: According to the relevant provisions of Article 45 of the Trademark Law, if the other party maliciously registered a trademark, as the prior obligee, it may apply to the Trademark Review and Adjudication Board for declaring the trademark invalid within five years from the date of trademark registration. If it is a well-known trademark, it is not limited by time. ② Withdrawal of application: If others do not use the trademark for three years after malicious cybersquatting, they can apply to the Trademark Office for revocation of the trademark. (3) Judicial prosecution: legal proceedings can be brought to the court against malicious cybersquatters. 4 Private negotiation: it is easier to succeed if the trademark is well-known, but if the value of the trademark is very important to the company, you can only negotiate the purchase and transfer first. Finally, when a party raises an objection or revokes it to the Trademark Office or the Trademark Review and Adjudication Board, it must provide true and effective evidence to prove that you used the trademark first, and the materials submitted must comply with the provisions of the State Trademark Office. 1, which owns the copyright of trademark design; 2. The trademark has been used for enterprise name and font size. Refers to the registered, used and well-known enterprise names protected by law; 3. Prior copyright. Citizens enjoy the copyright of works protected by law; 4. The unique name, packaging and decoration rights of well-known commodities; You can take out your industrial and commercial registration information and prove it in time; As far as popularity is concerned, the publicity materials, use time, business performance and scale of the enterprise can all be used as evidence. To sum up, if you find that your trademark has been registered, you can raise an objection to the Trademark Office and submit evidence of your original trademark, so that even if the other party's trademark registration is successful, you can file an invalid application. But the best way is to register the trademark in time after the company is established, so as to avoid others being the first to do so.