Malicious registration and hoarding of trademarks seriously violates the principle of good faith, disrupts market order, and undermines fairness and justice.
For some time, Internet celebrities who suddenly became popular and widely circulated Internet hot words have been "robbed" by trademark squatters. Rushing to register hot-selling trademarks has become a trend, and merchants use hot words to attract temporary popularity.
The Supreme People's Court issued the "People's Courts Judicial Protection Plan for Intellectual Property Rights (2021-2025)" on April 22, 2021, clarifying the key work measures for judicial protection of intellectual property rights during the "14th Five-Year Plan" period . It is proposed to strengthen the protection of commercial signs. Increase the punishment of malicious registration and trademark hoarding, and promote the normalization and standardization of trademark application and registration order.
Responsive measures that can be taken when a trademark has been preemptively registered:
1. When the preemptively registered trademark enters the preliminary review announcement, raise an objection.
2. When the registered trademark is approved for registration, you can submit a request to the Trademark Review and Adjudication Board to invalidate the registered trademark. Article 44 of my country’s Trademark Law stipulates that if a registered trademark is obtained by deception or other unfair means, the Trademark Office shall declare the registered trademark invalid. Other units or individuals may request the Trademark Review and Adjudication Board to declare the registered trademark invalid. .
Legal Basis
Article 30 of the "Trademark Law" stipulates that any person may raise an objection to a preliminary approved trademark within three months from the date of announcement. 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.
Article 32 of the "Trademark Law" stipulates that applying for trademark registration shall not damage the existing prior rights of others, nor shall unfair means be used to preemptively register a trademark that has been used by others and has a certain influence.
Reference for the above content: China Court Network - People's Court strengthens punishment for malicious registration and hoarding of trademarks