Is there still a case of squatting after trademark application? Yes, the meaning of the term "trademark squatting" has gone through two stages of development. In the first stage, the objects of trademark squatting are basically limited to unregistered trademarks; at this stage, the connotation of trademark squatting has been further expanded, and other people’s trademarks or well-known trademarks that are already well-known to the public apply for registration on non-similar goods or services. This behavior also belongs to squatting. Furthermore, the act of applying for registration of other people’s innovative designs, design patents, company names and trade names, copyrights and other prior rights as trademarks should also be regarded as trademark squatting. Trademark squatting can be divided into a narrow sense and a broad sense. Trademark squatting in the narrow sense refers to the competitive behavior of registering a trademark before the original trademark owner to obtain economic benefits. Forms of preemptive registration of trademarks: (1) Preemptive registration of unregistered trademarks China’s Trademark Law stipulates that two or more trademark registration applicants apply for registration of the same or similar trademarks on the same or similar goods. , preliminarily examine and announce the trademark that was applied for first, reject the application of other people, and not announce it. If there is no objection or the objection is not established within 3 months of the announcement period, 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 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. Therefore, first of all, the trademark applicant must confirm that the trademark right has not been copied from others or operated through improper means. Only the applicant himself knows best whether it is squatting or not. A preemptively registered trademark may not attract the attention of the original owner during the preliminary announcement period. Within five years after successful registration, the original trademark owner has the legal right to apply for cancellation of trademark rights.