In recent years, there have been an endless stream of cases in the field of intellectual property rights in my country, among which trademark disputes are increasing. There are three main types of trademark disputes stipulated in China's Trademark Law: first, trademark objection, second, trademark dispute, and third, trademark infringement.
The scope of trademark objections is very wide, including that the initially approved trademark is identical or similar to the previously applied trademark, or that the initially approved trademark violates the prohibited provisions of the Trademark Law or the trademark is not distinctive. nature, and also includes applicants not having the qualifications to apply.
Trademark disputes refer to disputes over registered trademarks, that is, disputes over trademark rights between two registered trademark owners because the two trademarks are identical or similar on the same or similar goods/services. , or a trademark rights dispute arising from a well-known trademark owner because a registered trademark is identical or similar to a well-known trademark.
Trademark disputes mainly refer to disputes arising from the judgment of similar goods, the identification of similar goods, and the identification of other specific trademark infringements in trademark competition.
So how should companies register trademarks to avoid trademark disputes?
1. How important is trademark protection to an enterprise
Trademarks are not only the intangible assets and intellectual property rights of an enterprise, but also the extension of the enterprise's brand value. For companies that invest heavily in advertising and strive to create Chibajie intellectual property brands, widely registering defensive trademarks on similar or different types of products has substantial strategic significance in preventing "trademark collisions" and is a strategic plan. Practical measures to protect the legitimate rights and interests of enterprises.
For example, Xiaomi has also registered trademarks such as rice, purple rice, corn, and shrimp. It is to prevent disputes, and if you fall into it, whether you win or lose the lawsuit, the price will be huge:
1. The product may be forced to be removed from the shelves.
2. Being forced to change the brand or product name.
3. Huge compensation.
4. The company encountered difficulties in going public.
2. How can enterprises avoid "trademark disputes" battles
1. Trademark registration can precede company registration
Registering a company when the information is complete, usually It only takes 10-15 working days to complete, while it takes more than a year to register a trademark from application to completion. Therefore, if a company's trademark is not registered in time, it may encounter problems such as trademark squatting. Therefore, a trademark should be registered as soon as possible. The specific operation can be to register a trademark by registering a business license of an individual industrial and commercial household, and finally the industrial and commercial household can be upgraded to an enterprise.
2. Companies should apply for trademarks for their main products and services as early as possible
Due to financial constraints, Internet start-ups often do not apply for trademarks or do not apply enough. Once complaints continue, they will The impact on the company's development will be huge. For Internet companies, as long as they have a website or app, they must register Class 9, 35, and 42 trademarks, which are also the core trademark categories for Internet companies.
3. Pay attention to copyright in trademark design
Entrepreneurs should be careful about using copyrighted fonts and graphics when naming their trademarks. When designing a trademark, it is best to reach a "copyright ownership" related contract with the designer to determine the ownership of the copyright. Otherwise, once an employee leaves the company and sues the company for infringement, it will affect the company's reputation.
Therefore, the issue of trademark registration cannot be underestimated. If you don’t have a special understanding of this aspect, don’t act in vain. It is recommended to find a professional agency to handle it. Bajie Intellectual Property Trademark Transfer Network is committed to providing professional and efficient one-stop services to enterprises, helping you quickly establish the foundation of your enterprise while improving your business during the development period. Please log in to // for details.