Recently, some official WeChat accounts that hold trademarks and apply for certification began to complain about the infringement of official WeChat account names in batches.
According to the rules of WeChat, naming follows the principle of protecting registered trademarks and the principle of authentication and unique naming. If the other party's registered trademark is consistent with its own type and the registration time is earlier than its own, even if your official WeChat account has been in operation for a long time, as long as the other party initiates a complaint, your rights and interests related to the trademark may be deprived, which is also the most worrying place for the official WeChat account to be registered.
Wechat official account operators should strengthen their legal awareness. The significance of registering the official account name of WeChat as a trademark protection is not only limited to obtaining an exclusive right on the surface, but also to prevent the name of WeChat official account that has been painstakingly created and has great commercial value from being stolen by others for no reason. Some people may be surprised: Does anyone want to grab the official WeChat account? ? I can tell you clearly here, of course, someone wants to rob it, and it is still a treasure remembered day and night!
Why do you want to register WeChat official account as trademark protection? Mainly the exclusive right to use a trademark is an exclusive absolute right. As long as the trademark is registered, it can enjoy the exclusive right in the registered service category, and if it is recognized as a well-known trademark, it can also obtain cross-class protection. Moreover, the scope of trademark protection is the whole country, which is beyond the reach of other methods. For example, the name of WeChat official account is registered as the enterprise name to protect it, which can only be exclusive in a specific administrative region. In addition, the Internet is everywhere, regardless of geographical restrictions. The influence of WeChat official account covers the whole of China, so it is obviously more in line with the scope of influence to protect its exclusive rights.
At the same time, the lawyer reminded that his official WeChat account name is the registered trademark of others, which also constitutes infringement!
How to choose the registration category to better protect the official WeChat account? In today's new media era, how to protect their legitimate rights and interests through intellectual property rights? There are ***45 trademarks. In order to protect the official WeChat account, which categories should I choose to register?
1.
All-class registration means selecting all 45 kinds of goods and services, so that enterprises can fully protect trademarks. This method involves all the goods and services in the classification table, and all of them apply for registration without distinction; The scope of protection is foolproof, once and for all, and there is no need to supplement the application many times after the business expansion of the enterprise.
2. Comprehensive selection of key protection categories+other defense registration+Internet-related registration.
Registration of key protection categories
In the key categories involved by enterprises, choose goods or services as comprehensively as possible according to their own industries. For example, the food industry needs to register at least the following basic trademarks: 5 kinds of health foods; 29 kinds of fish food; 30 kinds of rice noodles and snack foods; 3 1 fresh agricultural products; 32 kinds of beer drinks; 33 kinds of alcoholic beverages; 40 kinds of food processing; 43 kinds of catering; 44 kinds of health care services; 39 kinds of trademark packaging services and distribution services; 16 packing boxes and bags; 25 kinds of uniforms; 20 kinds of uniform tableware and so on.
Other categories of national defense registration
Prevent others from registering goods that have conflicts or adverse effects in nature and use.
Give a simple example. ? Master Kong? Is the trademark of instant noodles, if someone registers on the sanitary ware? Master Kong? Anyone who happens to know the trademark of this product is eating it? Master Kong? Will instant noodles be associated with unclean things?
The trademark of a wedding photo studio is registered in the funeral industry at the same time, will it make newcomers have some taboos? If the trademark is registered on the disinfectant, will someone feel a little different when drinking Wahaha mineral water?
Trademark owners cannot prevent others from registering trademarks on other kinds of goods, even well-known trademarks cannot prevent others from registering trademarks with the same logo on goods that will not cause confusion. Therefore, it is suggested that trademark applicants should remember to apply for other types of defense registration when applying for trademark protection in this industry.
Internet-related categories
In the internet plus era, enterprise products and services are increasingly provided to consumers with the help of official WeChat accounts, website platforms, web applications, mobile apps and other Internet tools. In this case, the products and services provided by enterprises are often concealed by Internet tools as platforms and carriers for providing products and services. In this case, the choice of trademark category is very controversial. In order to prevent infringement disputes, any industry must register Internet-related categories.
For example:
Category 9
Computer and computer software products, downloadable software, mobile APP.
Class 35
Provide business information through websites, and provide online markets for buyers and sellers of goods and services.
38 categories
Data and communication services, computer terminal communication
4 1 class
Give priority to the publication of electronic books and magazines, and provide priority electronic publications.
Class 42
Computer programming and related services, providing Internet search engines and websites.
Class 45
Online social networking service
In short, if an enterprise wants to protect its most basic intellectual property rights, it needs to spend at least 10 to 20 thousand yuan to register more than a dozen trademark categories, otherwise it will face infringement cases, which can no longer be solved by tens of thousands of dollars.
Enterprise trademark application is a complete system engineering. In the new media era, the application for trademark protection by WeChat official account is a living example. Only by keeping pace with the protection of knowledge products and doing a good job in the protection system can enterprises be in an invincible position.