The judicial protection of trademark rights in my country is a kind of passive protection of "no complaint, no response". That is, when the trademark right is threatened, it requires the trademark owner to actively seek relief from the judicial authorities before taking measures.

As a symbol of goods or services, trademarks are a product of social and economic development and are increasingly playing an important role in the market economy. Protecting trademark rights also protects important intangible assets of the company and plays an important role in corporate image.

In the current relatively passive judicial protection measures, how can we proactively protect our legal trademark rights?

(1) Register in time

In In our country, trademarks implement a voluntary registration system. Except for the compulsory registration principle for trademarks of human medicines and tobacco products, the trademarks of other commodities are subject to the principle of voluntary registration. This means that only registered trademarks can obtain exclusive rights to trademarks and are protected by the Trademark Law. my country's trademark registration also implements the "first to apply principle". According to this principle, even if a trademark has been used for many years, if it does not apply for registration in time, it will lose the opportunity to register because someone else applied first, and will not get the exclusive right to the trademark

(2) Renewal on schedule

After a trademark is registered, it is valid for ten years. If the validity period expires and the trademark owner still needs to continue to use it, the trademark owner should apply for renewal of registration within six months before the expiration; if the application fails to be made during this period, a six-month grace period can be given. If the person fails to apply after the grace period, the original registered trademark will be revoked by the competent authority.

(3) Change and transfer in accordance with the law

During the use process, if it is necessary to change the text, graphics or combination of the registered trademark, a new registration application should be submitted. If a registered trademark needs to change the name, address or other registration information of the registrant, a change application should be submitted. Otherwise, the Trademark Office will order you to correct or cancel your registered trademark within a time limit.

(4) Be cautious about allowing others to use it

Enterprises can license others to use their registered trademarks by signing a trademark license contract. The trademark license contract shall be reported to the Trademark Office for filing. However, enterprises must monitor the quality of goods used by licensees using their registered trademarks. The licensee shall also ensure the quality of the goods using the registered trademark, and must indicate the name of the licensee and the origin of the goods on the goods using the registered trademark. This is to prevent consumers from misunderstanding by taking advantage of the popularity of a company's registered trademark.

(5) Preventing infringement

In reality, the main situations that may occur in infringement of the exclusive rights of registered trademarks include the following: l. Without the permission of the registered trademark owner, Using a trademark that is the same as or similar to its registered trademark on the same kind of goods or similar goods; 2. Selling goods that are knowingly counterfeit registered trademarks; 3. Forging or making unauthorized representations of other people’s registered trademarks or selling forged or unauthorized registered trademarks 4. Cause other damage to the exclusive right to use registered trademarks of others, etc. After the enterprise discovers the above situation, it should promptly request the industrial and commercial administration department at or above the county level to handle it, or it can directly file a lawsuit in court.

While protecting your trademark rights, you also need to pay attention to complying with relevant laws and regulations when using it. And avoid conflicts with other trademarks and brands! Trademark rights