On the basis of registering the main trademark, registering defensive trademarks and joint trademarks at the same time is a way for right holders to protect their own trademark rights. In my country's current trademark legislation, there are no corresponding provisions on defensive trademarks and joint trademarks. However, since the cost of trademark registration is lower than trademark opposition and disputes, the registration of defensive trademarks and joint trademarks is more common in practice as a way to protect the main trademark. Let’s take a look together!

1. Defensive trademarks

The so-called defensive trademarks refer to the same well-known trademark registered by the same trademark owner on the same or similar goods. The trademark logo of the defensive trademark is consistent with the main trademark, but the category is different. A primary trademark is a trademark registered in the class in which it is primarily used, while a defensive trademark is a trademark registered in a derivative class. A defensive trademark is relative to the main trademark. The purpose of registration is not for use, but to prevent others from registering or using the same trademark. A mark registered as a defensive trademark is the same as the main trademark but different in nature.

In practice, the protection model of defensive trademarks often appears when trademark owners protect their relatively well-known trademarks. The reasons are: convenience, low cost, and high efficiency.

Although the Agreement on Trade-Related Aspects of Intellectual Property Rights (hereinafter referred to as the TRIPS Agreement) has extended the protection of well-known trademarks to non-similar goods and services, Article 13 of the TRIPS Agreement, my country’s Trademark Law, The principles for the protection of well-known trademarks in Article 14 are essentially the principles of ex post relief, on-demand determination, case determination, and case application. Therefore, if an enterprise needs to crack down on identical or similar trademarks across categories, it needs to continuously request the recognition of well-known trademarks. This undoubtedly increases the economic burden of the enterprise and reduces the enterprise's recognition and confidence in the well-known trademark.

After the defense trademark is registered, the scope of protection of the original registered trademark has changed. The right of prohibition of a trademark, with respect to goods, is limited to identical and similar goods. However, based on the registration of a defensive trademark, the trademark owner has obtained trademark rights for the same trademark logo on identical, similar or even dissimilar goods. As a result, the scope of goods covered by its trademark rights has been expanded to similar and dissimilar goods, that is, protective goods. The use of trademarks on protective goods or services without the approval of the trademark owner will be regulated.

For example, Sony has registered the "Sony" trademark in all 45 categories. Therefore, in addition to its main categories of electrical appliances, digital products, etc., in other categories of products or services, its "Sony" trademark has also been protected by registration.

2. Joint trademark

The so-called joint trademark means that the same trademark owner registers a certain trademark and several similar trademarks on the same product or similar products. Among these trademarks, the first to be registered and used is the main trademark, and the remaining similar trademarks are joint trademarks.

The existence of joint trademarks also has its reasons and necessity. Generally speaking, when reviewing trademark registration applications, the Trademark Office will reject similar trademarks applied for registration on the same or similar goods in accordance with Articles 30 and 31 of the Trademark Law. Therefore, in theory, The registration of the main trademark itself can regulate the registration of similar trademarks on the same or similar goods. However, in practice, taking into account the subjective factors in trademark similarity examination, some trademarks that are similar and confusing to the main trademark in the eyes of the trademark owner may not be similar to the main trademark in the eyes of the Trademark Office examiner, and may then be approved. register. For this reason, for trademark owners, it is an effective measure to protect their own rights and interests by submitting registration first to prevent others from unfair registration before others attempt to register a similar trademark.

For example, when Hangzhou Wahaha Group Co., Ltd. registered the trademark "Wahaha", it also registered "Wahaha", "Hahahawa", and "Wahaha" on the 32nd category of "non-alcoholic beverages" goods. Ye Haha?, Le Haha?, Le Doll? and other series of trademarks. These trademarks may not be put into use in practice, but are basically to cooperate with and ensure the normal and effective use of the main trademark "Wahaha".

However, with the registration protection and prevention of this part of the joint trademark, the main trademark has also been protected to the greatest extent and can be used smoothly.

3. Limitations of defensive trademarks and joint trademarks

In order to reduce idle trademarks and prevent the waste of trademark resources, most countries in the world have stipulated the cancellation system of registered trademarks for continuous non-use. . Article 49 of my country's Trademark Law stipulates that if a registered trademark becomes the common name of the goods for which it is approved for use or has not been used for three consecutive years without justifiable reasons, any unit or individual may apply to the Trademark Office to cancel the registered trademark. ?

The nature of defensive trademarks and joint trademarks determines that the purpose of registration itself is not to use, but to take a preliminary defensive measure to protect the main trademark. Therefore, according to my country's current trademark regulations, defensive trademarks and joint trademarks registered for the purpose of protecting the main trademark are at risk of being revoked after three years of registration.

In practice, every registered defensive trademark and joint trademark must be used, which is difficult for trademark owners to do. Because the difference between defensive trademarks and joint trademarks and general trademarks is that the purpose of registration itself is not to use, but to protect the main trademark. Therefore, defensive trademarks and joint trademarks will inevitably conflict with the cancellation system for registered trademarks that have not been used for three consecutive years.

To sum up, under the current legislative framework, once the first three years of registration and approval have passed, the protective effect of defensive trademarks and joint trademarks on the main trademark will be greatly weakened due to their own revocability. .