Current location - Trademark Inquiry Complete Network - Trademark registration - Nowadays, many multinational companies generally have specialized intellectual property departments. In terms of trademark protection, they mainly monitor trademark announcements. If they find that th
Nowadays, many multinational companies generally have specialized intellectual property departments. In terms of trademark protection, they mainly monitor trademark announcements. If they find that th
Nowadays, many multinational companies generally have specialized intellectual property departments. In terms of trademark protection, they mainly monitor trademark announcements. If they find that the same or similar trademark has been announced, they will take action within the legal period. Raise objections; the second is to monitor the market. If there are infringements such as counterfeiting or counterfeiting in the market, they will immediately entrust a local investigation company to collect evidence, and then take appropriate legal actions based on the circumstances of the case. Fujian's Jiumuwang and other brands were discovered to have been squatted in Macau during the trademark announcement period. After timely objections were filed, the squatted trademarks were finally recovered. Trademarks play the greatest role in the process of internationalization of enterprises. When dealing with them, enterprises should make full use of legal weapons to prevent and actively respond to the behavior of squatting trademarks. 2. Countermeasures According to the provisions of the Trademark Law, trademark rights holders can choose the following two legal channels to claim their rights: File an objection to the Trademark Office for the trademark announced in the preliminary examination. According to Article 33 of the Trademark Law, the trademark announced in the preliminary examination shall be automatically Within three months from the date of announcement, the prior right holder or interested party believes that the violation has violated the second and third paragraphs of Article 13, Article 15, the first paragraph of Article 16, and Article 30 of this Law. , Article 31, and Article 32, or if anyone believes that it violates the provisions of Articles 10, 11, and 12 of this Law, he may file an objection with the Trademark Office. "If the rights holder believes that his or her trademark has been maliciously preempted by others to apply for registration, and if it is discovered in time during the preliminary review and announcement period of the trademark, he or she may file an objection with the Trademark Office and request the Trademark Office not to approve the registration. Regarding the registered trademark, submit it to the Trademark Review and Adjudication The Committee raises a dispute that a trademark registered under Article 45 of the Trademark Law violates Article 13, paragraphs 2 and 3, Article 15, Article 16, paragraph 1, Article 30 and Article 16 of this Law. As stipulated in Articles 31 and 32, within five years from the date of trademark registration, the prior right holder or interested party may request the Trademark Review and Adjudication Board to declare the registered trademark invalid before filing with the Trademark Office or the Trademark Review and Adjudication Board. When applying for an objection or dispute, or claiming rights, the reasons should be stated and corresponding evidence should be provided based on the above-analyzed constituent elements of trademark squatting. These evidences should focus on two aspects: On the one hand, the trademark registrant has subjective rights. Evidence of bad faith, such as purchase and sale contracts and correspondence between the parties related to the disputed trademark, written evidence that the trademark registrant has demanded an unreasonably high "trademark transfer fee" from the right holder; on the other hand, the right holder has previously Evidence of the use and promotion of the disputed trademark, such as the entrustment contract and corresponding documents between the right holder and the trademark design and trademark logo printing enterprise, the contract for the production and release of advertisements related to the trademark, newspapers and magazines in which trademark advertisements are published, and the purchase and sale of trademark-related goods. Contracts and invoices, etc. It should be noted that when submitting applications to the Trademark Office or the Trademark Review and Adjudication Board, the parties should comply with the prescribed requirements. For example, applications for objections and dispute adjudication should be submitted within the time limit specified by law, and as much as possible. Submit relevant evidentiary materials at once within the time limit. In order to obtain strong support for their claims, the parties concerned should try their best to submit evidence with higher credibility, such as official documents produced by state agencies in accordance with their powers, historical files kept by specialized agencies, Publicity materials about trademarks published in influential news media, etc. To sum up, if you want to use a trademark, you must first register it. This is a better way to sell products, and there are usually many. If a person fails to register a trademark in time and his trademark is preemptively registered by others, he must first resolve it through legal channels. Once he discovers that his trademark has been preemptively registered, he should deal with it in a timely manner to safeguard his legal rights.