Analysis Of The Importance Of Trade Marks And Protection

The duration of trademark protection shall be ten years from the date of announcement of the trademark registration. However, after the expiry of the period, the fee shall be renewed, and the number of trademarks shall be renewed.

Renewal is to be processed within the prescribed renewal period.

Trademark protection is generally investigated by the local industry and Commerce Bureau. Negotiation can not be carried out by courts. In most systems, courts have the right to stop trademark infringement.

Broadly speaking, trademarks are rewarded by trademark registrants to gain recognition and economic benefits, and promote the positive and enterprising spirit of the whole world.

Trademark protection can also prevent unfair competitors, such as counterfeiters, from using similar discriminative markers to promote inferior or different products or services.

This system enables skilled and enterprising people to produce and sell goods and services in the most equitable terms, thus promoting the development of international trade.

A registered trademark will be subject to a trademark pfer or trademark license without a trademark registrant.

Trademark infringement cases in Shangri-La

In 1994, Kong Chengcheng, general manager of the SHANGRI-LA International Hotel Management Limited (hereinafter referred to as the Shangri-La company), complained to the State Administration for Industry and commerce, reflecting that a hotel was set up by Liansheng Industrial Company of Dongguan City, Guangdong province. In December 27, 1992, the hotel registered the name of the Shangri-La hotel in Dongguan, and it had been opened and its behavior violated Shangri-La's "Shangri-La" registered trademark exclusive right.

The Shangri-La company has the exclusive right to "Shangri-La" on the trade mark, but the parties involved in the hotel service will involve the commodities approved by the Shangri-La company under the trademark law.

Therefore, even if the Shangri-La company does not have the exclusive right to service trademark, it can also investigate its infringement of trademark rights.

At the same time, China joined the "Paris Convention for the protection of industrial property rights" in 1985 and assumed the international obligation to protect well-known trademarks.

In fulfilling the obligations of China's accession to the international conventions, the scope of protection of the exclusive right of goods and service trademarks in Shangri-La has been expanded, which laid the foundation for the local industrial and commercial administrative organs to protect the exclusive right to use registered trademarks on the enterprise names.

Infringement of Moutai trademark case

Ma Shengkuan was seized by the industrial and commercial administration of Tongzhou District, Beijing, during the pportation of counterfeit "Wuliangye" and "Moutai" wine items such as inside and outside packages, caps, wine stickers and trademark labels.

"Moutai" and "Wuliangye" are well-known trademarks which are used on alcoholic products in China. Others manufacture and sell products with "Moutai" and "Wuliangye" trademarks without authorization, which undoubtedly infringe the trademark exclusive rights of the well-known trademark owners. Even if the actor denies that they have subjective intent, they can also be identified as deliberate violations.

The person in the case knows that others are making false or selling a holiday, but in order to make profits, he still provides convenience for the infringer, and the subjective intent is obvious. In addition, the actor provides convenience to others for 8 times. Therefore, the industrial and commercial organs shall impose heavier penalties on the actor in accordance with the forty-third paragraph and second paragraph of the detailed rules for the implementation of the trademark law.

Infringement of the registered trademark of Kodak

In January 20, 1992, China Trademark Office, acting Eastman, Kodak, complained to the Shishi Administration for Industry and Commerce of Fujian Province, and demanded that Shishi photosensitive Equipment Co. Ltd. infringe on its exclusive right to use Kodak registered trademarks.

Shishi industrial and commercial bureau on the same day to check the goods Shishi photosensitive Equipment Co., Ltd. processed counterfeit Kodak trademark color film products.

The case involves whether a person's business activities should be civil liability by an enterprise legal person.

The forty-third provision of the general principles of civil law of China stipulates: "an enterprise legal person shall bear civil liability for its legal representative and other personnel's business activities."

At the same time, one of the parties to the case, Shishi photosensitive Equipment Co., Ltd., illegally processing the counterfeit goods registered by others, is the act involved in the thirty-eighth article (1) of the trademark law, and constitutes a violation of the exclusive right to use the registered trademark.

The industrial and commercial organs shall punish the parties in accordance with the trademark law and the detailed rules for the implementation of the trademark law and the measures for the administration of the printing of trademarks.

After the above cases, the company has struck a wake-up call, and enterprises have begun to attach importance to trademark registration protection and trademark trading.

At the same time, the trading platform of trademark trading has improved the brand reputation value of enterprises.

The trademark owner promotes the technological improvement, improves the management and improves the quality of the products, so that the trademark enjoys a wide popularity and gives the trademark a higher reputation.

All undifferentiated human labor that fully satisfies the needs of consumers.

Trademark trading experts point out that the emergence of trademark trading not only brings rapid profits to enterprises, but also ensures consumers' reliable trading in trademarks. Whether they sell trademarks or buy trademarks are beneficial to both sides. Achieving a win-win situation is the real purpose of trademark trading, and promoting every industry from single emphasis to product production to brand development.