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How to better defend trademarks

1. Cross-category defense

According to the "Classification of Goods and Services for Trademark Registration" (referred to as the "Classification Table"), all goods and services are currently divided into 45 categories . After an enterprise registers a trademark in one category, it then registers the same trademark in other categories that the enterprise may be involved in in the future in order to reserve the trademark for expanding its business scale. For example, if the word "Zhongyun" is used as a trademark, after it is registered for beer and mineral water in the 32nd category on the classification table, in order to prevent others from preemptively registering the "Zhongyun" trademark on liquor, red wine, and dairy products that the company can enter in the future. , and then registered the "Zhongyun" trademark on liquor and red wine in the 33rd category and dairy products in the 29th category.

2. Defense of the same category

In order to prevent others from applying for similar trademarks on the same category of goods (or services), the trademark owner registers a trademark that is close to the original trademark in the same industry and category. trademarks with similar pronunciation, homophones or similar glyphs. For example, Alibaba has registered trademarks such as "Alibaba" and "Alimama". Lao Gan Ma has registered trademarks such as "Lao Gan Dad" and "Lao Gan Niang". White Rabbit has registered more than 10 similar trademarks, including Big Gray Rabbit, Big Black Rabbit, Big Flower Rabbit, Little White Rabbit, Gold Rabbit, and Silver Rabbit.

The role of defensive trademarks:

Registering defensive trademarks is of substantial strategic significance to companies whose trademarks are original, invest heavily in advertising, and strive to create a well-known brand image. . By registering multiple defensive trademarks, companies can achieve the purpose of reducing the risk of brand copycats, reducing the cost of trademark rights protection, and preventing malicious competition from other companies. However, registering a defensive trademark is not a one-time decision. The following two situations of overdue registration will result in preemptive registration.

However, a defensive trademark is not valid for a long time. It is the same as an ordinary trademark if it is not used within three years. According to Paragraph 2 of Article 49 of the Trademark Law, if the registered trademark is stopped for three consecutive years, the Trademark Office will revoke the registered trademark. If a defensive trademark is not renewed on time within the trademark period, the trademark will also be canceled by the Trademark Office in accordance with Articles 39 and 40 of the Trademark Law.