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Legal basis for trademark squatting

Legal analysis: For cases registered in bad faith, the owner of a well-known trademark is not subject to the above five-year time limit. Regarding this article, as before, you can also request the Trademark Review and Adjudication Board to declare invalid a trademark that conflicts with your own previously used trade name rights. The abuse of rights by criminals is prohibited. The above three articles all stipulate that if someone else preemptively registers the name, especially if the prior trade name rights are maliciously used by others, you can use the above provisions to protect your legal rights. This is the legislative protection of prior use rights in our country.

Legal basis: Article 32 of the Trademark Law stipulates that applying for trademark registration shall not damage the existing prior rights of others, nor use unfair means to preemptively register others who have already used it and have certain influence. 's trademark. The prior rights mentioned in this article include the prior right to use trademark numbers. Article 33 stipulates that for a trademark that has been initially approved and announced, within three months from the date of announcement, the prior rights holder or interested party believes that it violates paragraphs 2 and 3 of Article 13 and Article 15 of this Law. Article 16, Paragraph 1 of Article 16, Article 30, Article 31, and Article 32, or any person believes that the provisions of Articles 10, 11, and 12 of this Law are violated. Yes, you can file an objection with the Trademark Office. If there is no objection at the expiration of the announcement period, the registration will be approved, a trademark registration certificate will be issued, and the announcement will be made. Prior users can object to the trademark proposed by the squatter in accordance with the provisions of the Trademark Law and are prohibited from obtaining trademark registration. Article 45 stipulates that a registered trademark violates paragraphs 2 and 3 of Article 13, Article 15, Paragraph 1 of Article 16, Article 30, and Article 31 of this Law According to the provisions of Article 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. For cases registered in bad faith, the owner of a well-known trademark is not subject to the above five-year time limit. Regarding this article, as before, you can also request the Trademark Review and Adjudication Board to declare invalid a trademark that conflicts with your own previously used trade name rights. The abuse of rights by criminals is prohibited. The above three articles all stipulate that if someone else preemptively registers the name, especially if the prior trade name rights are maliciously used by others, you can use the above provisions to protect your legal rights. This is the legislative protection of prior use rights in our country.