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Learn a few tricks how companies can protect their trademarks

In today's era, we can see that the market potential contained in trademarks is immeasurable. However, in an increasingly competitive market economy environment, infringements such as trademark squatting and counterfeiting of registered trademarks occur one after another. Trademarks There are also more and more disputes. In order to better safeguard their legitimate rights and interests, companies have reason to adopt reasonable methods to protect their trademarks. Based on the practical summary of trademarks in actual production and life, this article introduces several practical methods for corporate trademark protection. I hope everyone can learn from them, make full use of trademarks, protect trademark rights and interests, and small trademarks create big economies.

1. Register first and then use the trademark

Unregistered trademarks do not enjoy exclusive rights, and others can also use the trademark. If a company's trademark is used first and then registered, it will be easily counterfeited or registered by others; once it is registered by others, the company will be passive. To regain the trademark, it can only resort to law, which is time-consuming and labor-intensive, and the success is uncertain. If the exclusive right to use a trademark is lost, the company is likely to lose the market it has developed. There are many examples of this. Therefore, companies should register their trademarks first and then use them. Since trademark registration takes a long time (it takes more than a year from application to registration approval), it is better to register more backup trademarks in advance to meet the needs of enterprise development.

2. Choose a trademark with a unique design

On the premise that the trademark does not violate the prohibited provisions of Articles 10 and 11 of the Trademark Law, the trademark must be as distinctive as possible. The adhesion should be unique and distinctive, so that consumers can see it at a glance and never forget it. If you blindly imitate other people's trademarks, you may not only infringe other people's prior rights, but also destroy your own credibility.

3. Choose a trademark that consumers like

The use of trademarks on goods or services is directly oriented to consumers, so some relevant circumstances should be considered when choosing. For example: the trademark should not be too complicated, it should be easy to remember and catchy, etc.

4. Registered defense trademarks Defense trademarks refer to trademarks registered to prevent others from using their registered trademarks to cause damage, including defense trademarks and joint trademarks. A defensive trademark means that the trademark owner registers his trademark on other non-similar goods, which can extend the scope of rights protection of the registered trademark. A joint trademark refers to the registration of two or more similar trademarks on the same or similar goods. However, it should be noted that when the trademark is transferred, the joint trademark cannot be transferred separately and must be transferred together.

5. Pay close attention to the dynamics of national registered trademarks and conduct trademark monitoring

The enterprise trademark management team should pay close attention to each issue of the "Trademark Announcement" promulgated by the State Administration for Industry and Commerce to understand the national The trademark authority publishes professional announcements to the public on trademark registration, changes, transfers, licenses, cancellations, etc. Its special role is to allow all sectors of society to supervise trademark work, maintain the seriousness of national laws, and protect the exclusive right to trademarks. After an enterprise has a registered trademark, it should pay close attention to each issue of the "Trademark Announcement" promulgated by the State Administration for Industry and Commerce. If it is found that a trademark that is identical or similar to its own registered trademark has been preliminarily approved and announced by the Trademark Office, it can promptly report it to the State Administration for Industry and Commerce. File an objection to prevent your trademark rights from being infringed.

6. Pay attention to accumulating basic information about the company's trademarks and evaluate the value of the trademarks

The value and popularity of the trademark are closely related to the geographical scope of the company's product sales. In addition, advertising is also An important part of increasing brand awareness. The information and data on the company's product sales, advertising contract expenses and other aspects are important basic information to verify the popularity of a brand. They are of great significance in declaring famous trademarks and well-known trademarks as well as possible trademark infringement lawsuits.

7. When a company’s trademark is infringed, it is key to collect evidence as soon as possible

When it is discovered that its trademark has been infringed, the company should be calm and collect evidence with legal basis at once. Wait until the time comes to defend your rights. If you file a complaint without sufficient evidence, you will alert the other party, and it will be difficult to find evidence later.

In terms of evidence, first of all, buying goods with the same or similar trademark as yours can prove that the producer has infringed on its own exclusive rights; you also need to know the number of infringements, that is, how much was produced, for example, 1 Thousands of products, how much money is made for each product, how much compensation is required, etc.; in addition, where it is produced and sold is also very important. In short, we should try our best to collect all kinds of evidence as completely as possible, which will be more beneficial to the lawsuit.