1. Is the squatting of well-known foreign trademarks an infringement? 1. It is not considered an infringement if the country has signed a relevant agreement on intellectual property protection with China, or both countries are under an international convention on intellectual property. system, trademarks registered in that country are also protected by our country. The registrant enjoys the priority of registration in my country based on the time of registration in that country. 2. At present, from the Paris Convention to TRIPs, there are only corresponding provisions on the protection of well-known trademarks in various countries. If it is a non-well-known trademark, you can register a non-well-known trademark in another country in your own country. There is no problem with this. As long as it is approved by the domestic trademark office, there will be no consequences. As for the foreign trademark holder who comes to raise objections and disputes after learning this information, that is a matter for another day. 3. Trademark Law Article 13: If a trademark applied for registration for identical or similar goods is a copy, imitation or translation of someone else’s well-known trademark that has not been registered in China, and is likely to cause confusion, it shall not be registered and its use shall be prohibited. 2. Methods to prevent trademark squatting 1. Before the market moves, trademarks go first. Before newly developed products enter the market, ensure that the rights to the trademarks used have been obtained. 2. Defensive registration: According to the principle of “one application for one trademark for one category of goods”, trademarks with a certain degree of popularity can be defensively registered separately for similar or non-similar product categories to the trademark to protect them from professional trademark speculators. 3. Strengthen trademark monitoring: Enterprises should pay close attention to the "Trademark Announcement" promulgated by the State Administration for Industry and Commerce. If they find identical or similar trademarks, they should promptly raise objections to the State Administration for Industry and Commerce; they should entrust a trademark agency to organize market tracking and monitoring and provide timely feedback on infringement information. 3. How to claim rights after a trademark has been preemptively registered 1. File an objection to the Trademark Office against the trademark announced in the preliminary examination. According to Article 33 of the Trademark Law, for the trademark announced in the preliminary examination, within three months from the date of announcement, the prior rights Persons or interested parties believe that Article 13, paragraphs 2 and 3, Article 15, Article 16, paragraph 1, Article 30, Article 31, and Article 32 of this Law have been violated stipulations, or if anyone believes that it violates the provisions of Articles 10, 11 and 12 of this Law, he may file an objection with the Trademark Office. "If the rights holder believes that his trademark has been preempted by others with malicious intent to apply for registration, and if it is discovered in time during the preliminary examination and announcement period of the trademark, he can file an objection with the Trademark Office and request the Trademark Office not to approve the registration. 2. Report to the Trademark Office for the registered trademark The Trademark Review and Adjudication Board raises a dispute that a trademark registered under Article 45 of the Trademark Law violates Article 13, paragraphs 2 and 3, Article 15, Article 16, paragraph 1, and Article 30 of this Law. , Article 31 and 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 before filing with the Trademark Office or Trademark Office. When applying for an objection or dispute or asserting rights, the review committee should state the reasons and provide corresponding evidence based on the above-analyzed constituent elements of trademark squatting. These evidences should focus on two aspects: On the one hand, the trademark registrant is subjective. Evidence of bad faith, such as purchase and sale contracts, correspondence and correspondence between the two parties related to the disputed trademark, written evidence that the trademark registrant has demanded an unreasonably high "trademark transfer fee" from the right holder; on the other hand, the right holder Evidence of prior use and publicity of the disputed trademark, such as the entrustment contract and corresponding documents between the right holder and the trademark design and trademark logo printing, the contract for the production and distribution of advertisements related to the trademark, newspapers and magazines in which trademark advertisements are published, and the purchase and sale contracts for related trademark products. and invoices, etc. It should be noted that when submitting application documents to the Trademark Office or Trademark Review and Adjudication Board, the parties should submit objections and dispute ruling applications within the time limit specified by law, and try to do so within the time limit. Submit relevant evidence materials.

In order to obtain strong support for their claims, parties concerned should try their best to submit evidence with high credibility, such as official documents produced by state agencies in accordance with their powers, historical files kept by specialized agencies, and publications in influential news media. Trademark promotional materials, etc. To sum up, a trademark is the image representative of a company, so the ownership of the trademark must be protected. Once squatting occurs, corresponding measures must be taken promptly to protect the trademark rights of the company. For the registration of foreign trademarks, in addition to checking National legal regulations also require attention to the agreements between countries. Once a trademark ownership dispute arises, you must provide evidence in your favor to ensure the legality of your trademark.