What should I do if the trademark in use is squatted? According to the Trademark Law and the relevant provisions of the Trademark Law (revised version 13), unregistered trademarks (including well-known trademarks) that have had a certain impact before applying for trademark registration can be protected by law, which is embodied in the following aspects: 1. Unfair objection to the application for registered trademark. Improper cybersquatting here should refer to the malicious registration of the exclusive right to use a trademark, rather than accidentally registering the same or similar trademark while knowing that the trademark of the prior user has certain influence. Usually, dealers, agents, customers and employees compete to register the manufacturer's trademark. That is, once the prior user of a trademark finds that his trademark has been applied for registration, he can raise an objection with relevant evidence during the objection period of the preliminary announcement to prevent the registrant from registering. 2. If the cybersquatting has been successful, you can apply for cancellation (the application is declared invalid). 3. If the trademark has been successfully registered, the prior user will continue to use it within the original scope of use. The above protection must meet three conditions: 1. Before the registrant applied for registration, the user had already started to use the trademark. 2. The trademark used by the prior user has already had a certain influence when the registrant applies for registration. 3. It is improper for the registrant to apply for the registration of the same or similar trademark as the prior user, which violates the principle of good faith and basic business ethics. Is the registered trademark valid? 1. If there is evidence that the trademark applicant has contacted or can contact the trademark of the prior user before applying, it can be presumed that the applicant has registered in bad faith. According to Article 41 of the Trademark Law, a registered trademark was obtained by deception or other improper means, and the registered trademark was revoked by the Trademark Office; Other units or individuals may request the Trademark Review and Adjudication Board to make an order to cancel the registered trademark. (The Trademark Law (Revised Edition 13) also has this provision). That is, the prior user can apply for cancellation (invalidation) on the grounds that the registration was obtained by improper means. 2. In the absence of evidence to prove the applicant's malice, if the prior user owns the copyright of the trademark (especially the graphic trademark), the right can be protected according to the prior right. That is, applying for trademark registration according to Article 31 of the Trademark Law shall not damage the prior rights of others; Then, according to the second paragraph of Article 30 and Article 41, raise an objection and apply for cancellation. 3. If the trademark used by the prior user has not obtained other rights, it shall be stopped to avoid infringement. Trademark is the symbol of enterprise or commodity, which has great economic benefits. Therefore, the popularity of a trademark has an impact on income. China's relevant laws and regulations have legal protection for trademarks, that is, to protect trademarks from malicious registration. If it is registered in bad faith, you can apply to the industrial and commercial department for cancellation to safeguard your legitimate rights and interests.