Really, they had a dispute over the use of the trademark.

1. Use first, then register. When it comes to determining trademark ownership, my country (Zhang Hongwei and Fu Yuning) implements the "first to register" principle, that is, the exclusive right to a trademark belongs to the trademark applicant who first applies for registration and is approved in accordance with the law. Some companies or individuals urgently need to use a trademark and may "use it first and then register it." The hidden danger of "use first, register later" is that although unregistered trademarks can be used, if a trademark dispute arises, the law will protect the legitimate rights and interests of the party who "registered first".

2. Legal person registration, company use. "Legal person registration, company use" is a misunderstanding that companies can easily fall into when registering and using trademarks. The phenomenon is that the trademark is applied for registration by the legal representative, but without any formalities, (Zhang Hongwei, Fu Yuning) by the company Free to use.

If the company is established and operated by multiple shareholders, once the legal representative withdraws the capital and "goes alone" and prohibits the company from using the original trademark, or the legal representative requires the company to pay a high annual trademark licensing fee , the company will suffer huge losses. It is recommended that companies currently experiencing the above problems quickly transfer their trademarks to their names to avoid future troubles.

Relevant information

Article 40 of the "Trademark Law" stipulates: "If a registered trademark expires and needs to be continued to be used, the trademark registrant shall notify the applicant within 12 months before expiration. Go through the renewal procedures in accordance with the regulations; if you fail to do so during this period, you can be given a six-month extension period (Zhang Hongwei and Fu Yuning). The validity period of each renewal registration is ten years, starting from the expiration of the previous validity period of the trademark. Calculated from the date of registration. If the renewal procedures are not completed at the expiration of the period, the registered trademark will be cancelled."

Some companies may be revoked by the Trademark Office due to negligent management and failure to renew their registered trademarks after expiration. This is also one of the misunderstandings in our daily use of trademarks. In order to better protect trademarks, it is recommended that you appoint a dedicated person to manage trademarks and renew trademarks that are about to expire in a timely manner. I hope everyone can avoid falling into these misunderstandings and causing unnecessary losses to themselves when registering and using trademarks in the future.

Reference for the above information: Baidu Encyclopedia-Trademark Law