Current location - Trademark Inquiry Complete Network - Trademark registration - In fact, in practice, a large number of operators do not know that their trademark has been applied for registration by others. Even though there is a three-month announcement period in the procedure,
In fact, in practice, a large number of operators do not know that their trademark has been applied for registration by others. Even though there is a three-month announcement period in the procedure,
In fact, in practice, a large number of operators do not know that their trademark has been applied for registration by others. Even though there is a three-month announcement period in the procedure, not all operators can see this announcement in time, and it is often not until After the squatter successfully registers, the person who was registered will know that the trademark that originally belonged to him has been registered by someone else. To establish this requirement, at least the following factors must be considered: 1. Whether the registered trademark is a trademark with certain influence. Normally, no one will rush to register a trademark that has no impact. “Having a certain influence” refers to a distinctive mark recognized by a certain group of people in a certain region. In fact, once goods or services are put on the market, due to the role of advertising and the process of transactions, the influence of trademarks has begun to occur in the minds of the public, and its influence has reached a "certain" level, such as a certain geographical scope and a certain group of people. scope. How to determine "has a certain impact"? The author believes that a comprehensive inspection can be carried out from the aspects of advertising of the product, product sales, market share, consumer awareness and geographical radiation. 2. Whether it is a trademark that has been used and is currently being used. A trademark that has been squatted should be considered as a trademark that has been used and is being used by the person who has been squatted, that is, the continuous use of the trademark is emphasized. If the trademark that has been used by the person who has been squatted stops using it halfway, and someone else applies for registration, it will not be used. It should be considered as "squatting". A simple way to measure whether a trademark is continuously used is to see whether its products are continuously put on the market. Of course, if the use of the trademark is later than the registration by the squatter, there is no issue of preemptive registration. This time point shall be based on the date when the applicant submits the application to the Trademark Office. Unfair trademark squatting requires a judgment on the behavioral consciousness of the subject. For intentional squatting and the main intention is to make profits, it falls under the subject requirements of malicious squatting. In terms of the results of the trademark squatting process, once the registration is successful, it is considered plagiarism of the work of others, which is an objective condition for judging unfair squatting.