In order to protect their own brands and avoid malicious trademark registrations, many companies have registered a large number of "copycat" trademarks of their own brands. Xiaomi has registered "rice", "red rice", "blue rice", "black rice", "purple rice", "orange rice", etc.; Alibaba has registered "Alimama", "Uncle Ali", "Grandpa Ali", "Grandma Ali", etc. ; Laoganma registered "Laogandad", "Laoganniang", "Laogandad", "godson", "goddaughter" and "old aunt"; Wuliangye registered "Liuliangye", "Qiliangye" and "Baliangye" Liquid" and other trademarks.
The above-mentioned trademarks are called “defensive” trademarks in the industry. Although it looks very "copycat", it is very useful. On the one hand, although the company has not yet conducted business in other fields, it does not rule out the possibility of entering related fields in the future. Once it enters, it can use these registered trademarks; on the other hand, in addition to directly registering core brand trademarks, it also registers some Trademarks with certain similarities. It can prevent others from registering similar trademarks, which may cause confusion or difficulty in distinguishing the original trademark of the enterprise.
The reason why companies do this is related to the current chaos of "malicious applications" for trademarks. Nowadays, as trademark registration procedures are optimized, registration cycles are shortened, registration costs are reduced, and registration resources are reduced, trademark "malicious applications" for the purpose of imitating famous brands occur from time to time. For example: "Wang Lao Ji" was maliciously registered as "Wang Xiao Ji", "Tulao Ji", etc. Some well-known trademarks frequently encounter "copycats", which seriously disrupts the market economic order and trademark management order, and damages the business environment. It not only dampens the enthusiasm of enterprises and damages the market order, but also hinders the development of China's independent brands.
However, defensive trademark registration is not a one-and-done thing. After all, the number of registered copycat trademarks is limited, so there is no way there will be any loopholes. Furthermore, some trademarks applied for registration may be revoked if they are not used for a long time. According to relevant regulations, the registration of an idle trademark that has not been used for three consecutive years may be revoked if someone else files an application. And if used, it may affect the company's own reputation. Therefore, in addition to registering some defensive trademarks, companies should also conduct daily brand monitoring, including market monitoring of competitors and brands, tracking of competing trademark trends, etc. Once the possible risk of counterfeiting is discovered, legal measures should be taken in a timely manner Blocking and defending rights.
"Companies copying themselves" is a helpless choice. Relevant departments are reminded that they must improve the trademark legal system, standardize trademark registration applications, and form a long-term mechanism to curb abnormal trademark registration applications. The "Several Provisions on Regulating the Behavior of Applications for Trademark Registration" issued not long ago clarified the behavior of abnormal applications for trademark registration. For example, applying for trademark registration by imitating a trademark that is well-known to the relevant public and clinging to the goodwill of others; preemptively applying for registration of a trademark that has been used by others and has a certain influence, improperly seizing other people's goodwill; knowing or should have known that other prior rights exist, but still preemptively applying for registration Apply for registration of identical or similar trademarks, etc. As long as the trademark registration and approval agencies strictly control the situation, malicious registration of trademarks will be prevented to the greatest extent.
(Source: Qilu Evening News)