1. Register before using the trademark.
Unregistered trademarks do not enjoy exclusive rights, and others can use them. If the trademark of an enterprise is used first and then registered, it will be easily counterfeited or registered by others; Once registered by others, the enterprise will be passive, and it will take time and effort to recover the trademark, and it is uncertain whether it will succeed. If the exclusive right to use a trademark is lost, enterprises are likely to lose developed markets, and examples in this regard are not uncommon. Therefore, enterprises should register before using trademarks. In view of the long period of trademark registration (it takes more than one year from application to approval), it is best to register more spare trademarks in advance to meet the needs of enterprise development.
2. Choose a trademark with unique design
Under the premise of not violating the prohibitive clauses in Articles 10 and 11 of the Trademark Law, trademarks should be distinctive, distinctive and distinctive, so that consumers can see them at a glance and never forget them. If you blindly imitate other people's trademarks, you may not only infringe on other people's prior rights, but also ruin your reputation.
3. Choose the trademark that consumers like.
Trademark use is directly oriented to consumers in goods or services, so some relevant situations should be considered when choosing. For example, trademarks should not be too complicated, but easy to remember and catchy.
4. Register in defensive trade mark
National defense trademark? Refers to trademarks registered to prevent others from using their registered trademarks, including defensive trade mark and joint trademarks. Defensive trademark means that the trademark owner registers his trademark on other non-similar goods, which can expand the scope of protection of registered trademark rights. A joint trademark refers to the registration of two or more similar trademarks on the same or similar goods. However, it should be noted that joint trademarks may not be transferred separately, but must be transferred together.
5. Pay close attention to the trends of registered trademarks in various countries and carry out trademark monitoring.
The enterprise trademark management team should pay close attention to each trademark announcement issued by the State Administration for Industry and Commerce, and understand the professional announcements of the national trademark authorities on trademark registration, change, transfer, license and revocation. Its special function is to let all sectors of society supervise trademark work, safeguard the seriousness of national laws and protect the exclusive right to use trademarks. After an enterprise owns a registered trademark, it should pay close attention to each trademark announcement issued by the State Administration for Industry and Commerce. If a trademark identical with or similar to its registered trademark is found to have been preliminarily examined and approved by the Trademark Office, it may raise an objection to the State Administration for Industry and Commerce in time to avoid infringement of its trademark right.
6. Pay attention to the accumulation of enterprise trademark basic information and evaluate the trademark value.
The value and popularity of trademarks are closely related to the geographical scope of enterprise product sales. In addition, advertising is also an important part of the promotion of trademark awareness. The information and data of the company's product sales and advertising contract fees are all important basic materials to verify the well-known degree of a brand, which is of great significance in the declaration of famous trademarks and well-known trademarks and possible trademark infringement lawsuits.
7. When the enterprise trademark is infringed, it is the key to collect evidence immediately.
When it is found that its trademark has been infringed, the enterprise should calm down for a period of time, collect evidence with legal basis, and then defend its rights. If you sue under the condition of insufficient evidence, it will alarm the other party and it will be difficult to find evidence in the future.
In terms of evidence, first of all, the purchase of goods with the same and similar trademarks can prove that the producers have violated their exclusive rights; We should also know the times of infringement, that is, how many products have been produced, such as 10000 products, how much money each product earned, how much compensation to pay, and so on. In addition, where to produce and sell is also very important. In short, it is better to collect all kinds of evidence as much as possible, which is beneficial to litigation.