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What are the forms of agricultural trademark squatting?

What are the forms of squatting registration of agricultural input trademarks? (1) Preemptive registration of unregistered trademarks China’s Trademark Law stipulates that two or more trademark registration applicants may register products of the same kind or similar products. If you apply for registration with an identical or similar trademark, the trademark that was applied for first will be preliminarily reviewed and announced, and the application of others will be rejected and not announced. If there is no objection within 3 months of the announcement period or the objection is not established, the registration will be approved. China’s Trademark Law does not grant any exclusive rights to the user of an unregistered trademark. If a certain trademark is used without registration, the user has no right to prevent others from using the same product, service or similar product or service using the same trademark. Or use a similar trademark or apply for registration first. Only when the user of an unregistered trademark applies for registration on the same day as the non-user, based on the current situation of trademark use and registration application in China, the applicant who used the trademark first will be taken into consideration so that he can be approved for registration. This scope is limited, it cannot restrict others from applying for registration, and it must not violate the first-to-file principle. The user of an unregistered trademark chooses not to apply for registration of the trademark he uses. This is his right; if he has invested a lot in advertising for the unregistered trademark but has not applied for it, or it is later than others who have used the same or similar goods or services. If you apply for trademark registration on the service, but someone else applies for trademark registration first, this can only show that: 1. Independent decision-making leads to one thing over another; 2. A weak awareness of trademark rights. This certainly does not provide him with legal protection. In countries where the exclusive right to trademark is registered, as long as the business entity has a strong awareness of trademark rights and applies for trademark registration before or at the same time as using the trademark, there will be no preemptive trademark registration. The view that all preemptive registration of trademarks is illegal essentially advocates the acquisition of exclusive rights to trademarks through use, thus fundamentally negating the system of obtaining exclusive rights to trademarks through registration, which is contrary to China's Trademark Law. Article 32 of the Chinese Trademark Law: Applications for trademark registration shall not damage the existing prior rights of others, nor shall unfair means be used to preemptively register a trademark that is already used by others and has a certain influence. Therefore, it is conditionally confirmed that preemptive registration of a trademark that has been used by others is prohibited by law. While adhering to the registration principle and the first-to-file principle, the law has made reasonable adjustments to the absolute first-to-file principle. It is emphasized that the first application must be based on the principle of good faith, and it is not allowed to steal a trademark that has been used by others and has established a good reputation as one's own trademark to apply for registration, which makes up for the shortcomings of the absolute registration principle and prevents the occurrence of unfair situations in fact. (2) Preemptive registration of registered trademarks Registered trademark rights are rights determined by national laws, but are subject to geographical and time restrictions. Regionality determines that a trademark is protected in one or several specific countries and regions. Countries or regions are not protected. This may cause A to register trademark a for goods or services of type b in country C. If A does not register the same application in country D, B may register trademark a or a trademark similar to trademark a in country b. For goods or services of type B or similar to type B, apply for registration in country D or apply for registration before A and obtain approval. Although such behavior of preemptively registering a trademark may seem morally questionable, there is nothing legally wrong with such registration. In the past, due to the weak trademark awareness of Chinese operators, their trademarks owned in China and already had a certain or good reputation in some countries and regions were preemptively registered by others in that country or region, resulting in Chinese operators' trademarks in that country or region The original trademark registered in China cannot be used and eventually withdraws from the market of that country or region; or although the trademark continues to be used and occupies the market, a high price is paid to obtain the other party's transfer of trademark ownership; some have to start a new one "stove". I suffered a loss in terms of economic interests, but I was powerless legally. However, with the development of my country's market economy, it has become increasingly common for some domestic enterprises and individuals to rush to register well-known foreign trademarks in China in order to seek economic benefits.

(3) Preemptive registration of well-known trademarks is more complicated than preemptive registration of unregistered trademarks and registered non-well-known trademarks. After a well-known trademark is preemptively registered by others in another country or region, can the exclusive right of the original owner of the well-known trademark be used in that country or region? Obtaining protection in a country or region ultimately depends entirely on the determination of the competent authority of the country or region where protection is requested based on its own laws. If it is believed that the preemptive registration by others is legitimate, the original trademark owner will lose the ownership of the trademark within its jurisdiction and cannot be protected; conversely, if it is believed that the registration is unfair, it can obtain protection. (4) The problem of conflict of rights To solve the problem of conflict of rights of different types of intellectual property rights, the current law has a basic principle, which is the "principle of protection of prior rights". This principle embodies the principles of fairness and good faith in civil law, and has specific provisions in the Patent Law and Trademark Law. Judging from the provisions of current laws, regulations and rules, the rights and obligations arising from patent rights and trademark rights are subject to different legal adjustments. There is no distinction between who is higher and who is lower, who is stronger and who is weaker. If a conflict of rights occurs, the "principle of protection of prior rights" applies. The form of squatting registration of agricultural supplies is mainly related to the current registration form of the trademark. For unregistered trademarks, according to relevant laws, owners can compete for bids, but bidding is subject to certain restrictions on time, place and other factors. The principle of protecting rights disputes arising from bidding competitions is to protect principle of prior rights.