It’s because the Chinese people don’t have a strong awareness of intellectual property right now. People like the original poster took advantage of the loopholes. Their trademarks were registered by others. Maybe the company that preempted the registration also saw the original owner’s business. Once you start doing it, you can register the trademark yourself to get a ride, and you can also use it to invite prices. With the rise of brand awareness, this situation will become more and more common. Many information companies rely on squatting to register trademarks as their main business. .

In fact, there is a very blurry line between store name and trademark. Maybe the poster is only using the store name, but it may have involved the publicity and prominent use of the trademark. Someone else has registered the trademark, and in the future, it will follow the poster’s decision. As your business grows, you may sue the landlord for infringement and obtain compensation. But the author would also like to remind you that trademarks are divided into 45 categories, involving several food industries. Quickly check whether your category has been registered.

What else happens besides the above?

1. Negotiate the transfer with the trademark holder, but in this case, it is generally not cheap;

2. Check whether the trademark registration time has exceeded ten years. , whether it has been renewed; if the trademark is invalid, register it as soon as possible;

3. There is a situation in the Trademark Law where a trademark can be revoked, "without use for three consecutive years", that is, if the poster has evidence to prove that the trademark After registration, if the trademark has not been used for any three consecutive years (even if these three years have passed), you can apply to the Trademark Office to cancel the trademark registration.

4. Give up the word trademark and register it with logo graphics or pinyin. In the future, try to avoid using the word trademark alone in business operations;

5. Play around with the word trademark, for example, the name of the trademark is "Ziyan", and you make food, such as braised food, you can call it "Ziyan Baiwei Chicken". Trademark review is manual review, that is, people decide whether your name can be registered, so there will be subjective factors and differences. , it is possible to pass the review and register.

To sum up, regarding the issue of what to do if my store name is registered as a trademark by others, it is recommended to use legal weapons to legally protect my own rights and interests.

Legal basis: "Trademark Law of the People's Republic of China"

Article 51 Anyone who violates the provisions of Article 6 of this Law shall be ordered by the local industrial and commercial administration department to set a time limit. When applying for registration, if the illegal business volume is more than 50,000 yuan, a fine of not more than 20% of the illegal business volume may be imposed. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 10,000 yuan may be imposed.

Article 52 If an unregistered trademark is used as a registered trademark, or the use of an unregistered trademark violates the provisions of Article 10 of this Law, the local industrial and commercial administrative department shall stop it, make corrections within a time limit, and may It is notified that if the illegal business volume exceeds 50,000 yuan, a fine of not more than 20% of the illegal business volume may be imposed. If there is no illegal business volume or the illegal business volume is less than 50,000 yuan, a fine of not more than 10,000 yuan may be imposed.

Article 53 Anyone who violates the provisions of paragraph 5 of Article 14 of this Law shall be ordered to make corrections by the local industrial and commercial administration department and shall be fined 100,000 yuan.