New Trademark Law To Curb Speculative Rush Taking Action Next Month

Recently, reporters learned from the Jiangmen Municipal Bureau of industry and commerce that the trademark review board and Trademark Office of the State Administration for Industry and Commerce issued a notice and reply on well-known trademarks a few days ago. The 5 trademarks of Jiangmen's "Ming Da", "East and map", "Huayi bathroom", "quantum high tech (300149, stock bar) and map" and "Pengjiang and map" have been identified as well-known trademarks in China.

At present, the whole city has < a href= "http://www.91se91.com/news/index_c.asp" > well-known trademark < /a > 20 pieces.

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< p > it is understood that in August 30th last year, the third session of the fourth session of the twelve NPC Standing Committee deliberated and voted on the adoption of the trademark law amendment. The new trademark law will be implemented in May 1st this year.

In recent years, has the local enterprise's < a href= "http://www.91se91.com/news/index_c.asp > > trademark awareness < /a > improved? What are the contents of the new regulations that will contribute more to the protection of intellectual property rights of enterprises? < /p >

< p > < strong > enterprise registration < a href= "http://www.91se91.com/news/index_c.asp > > trademark < /a > is still frequently counterfeited < /strong > /p >

< p > Huayi sanitary ware is one of the five enterprises that have passed the well-known trademark certification in China. The reporter has learned that the enterprise has registered the trademark of Huayi sanitary ware since 1993. "We have always attached importance to the intellectual property rights of enterprises, and have set up an intellectual property department to manage the trademarks. We have also appointed some third parties to help us monitor and understand whether anyone in the market is counterfeiting our trademarks for sale."

Feng Baijin, assistant general manager of Huayi bathroom, told reporters that although the company had made painstaking efforts to protect trademarks, the problem of confusing consumers was still untenable.

In 2012, the company found a counterfeit Huayi trademark in Anhui. Subsequently, a number of counterfeit Huayi products appeared in Kaiping.

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"P", "since 2008, we began to apply for the well-known trademarks in China. It took nearly six years, and the process was hard and tortuous."

Feng Baijin said that before 2008, the bathroom products of the company were mainly exported, and the brands in the country had not yet been heard. After 2008, the sales data of the company started to sell, but the sales data were not ideal at the beginning.

"Trademark represents the image of an enterprise and the character of an enterprise."

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< p > application for trademark is still repeatedly encountered counterfeiting is not an example. The trademark of Guangdong Choi Yan Limited by Share Ltd has been registered since 1986, but since then many enterprises have been counterfeiting. "Our brand name is colourful and graphic, approved to use commodity name is color masterbatch, one enterprise is counterfeit name is" colourful color ", the use of commodity name is" masterbatch ", very close.

Others are "new color masterbatch" and "new color masterbatch".

Qiu Dehou, chairman of Guangdong colorful Limited by Share Ltd, admitted that after the discovery of a number of counterfeiting enterprises, Cai Yan Limited by Share Ltd was ready to apply for the declaration of well-known trademarks in China in 2007 to strengthen the protection of trademarks.

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< p > reporter has learned that Cai Yan Limited by Share Ltd is also a registered trademark of the "great" brand. The old name was previously registered in Hongkong. After three and a half years of litigation, the trademark registration of the Intellectual Property Department of the Hongkong Special Administrative Region finally made the ruling of revoking the trademark registration of the registered owner.

Qiu Dehou believes that trademark is the carrier of corporate reputation. It helps to promote and promote the brand of a company and form a competitive advantage in the market. We must attach great importance to it.

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< p > < strong > after the implementation of the new law, censorship is no longer in sight. < /strong > /p >

< p > "now the enterprises attach great importance to trademark application, but many enterprises are not very good because of the downturn of the economic environment. Therefore, the number of applications last year has declined compared with previous years."

Miss yuan, director of Wuyi Trademark Office, said.

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Deng Zhihao, the trademark manager and senior trademark agent of Jijia patent and Trademark Office, said in an interview that the awareness of registered trademarks is indeed higher than before. "We can see from the trademark application quantity that in 2003, our agent's trademark application amount was dozens of pieces, and now Jiangmen area has more than 1200 pieces in one year, and it has turned over ten times."

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< p > reporters have seen many platforms for the pfer of trademarks from the Internet. Some have also played the slogan "pfer more money, save time and save more than new registration".

Deng Zhihao said frankly that there is some truth in this statement. "Because of the rapid increase in the volume of trademark application registration, it is very difficult to register a brand that is completely inconsistent with others.

The enterprise may have spent time and money applying for registration, but the application may be rejected.

It is more convenient to buy a registered trademark that has been registered successfully.

But it does not necessarily save money. The price of the pfer is generally higher than the newly registered price. "

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< p > for the benefit brought by the new trademark law to the enterprises, Yuan believes that the most beneficial thing for enterprises is that the examination time is set in the new law. "The examination time of the previous application is uncertain, and it will take more than a year to slow down. It will take a few years for the company to hurry up. We can only help inquire, and we can not communicate with the Trademark Office, so we can not get the reason why we haven't passed the examination."

Miss Yuan said that if the trademark was uncertain for a long time, it would be embarrassing for the company to do so. It would be bad for publicity to do publicity. "If the publicity is made, the final trademark will not be approved, and the cost of publicity will be wasted."

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< p > "the new law stipulates that if an enterprise first uses an unregistered trademark and then has another enterprise to register the trademark, the enterprise that first uses the trademark can still continue to use the trademark within its original use.

In the old law, if any other enterprise registered the trademark, the enterprise that used the trademark must stop using it immediately.

The provisions of the new law give these enterprises the time to cushion themselves, and not suffer huge losses. "

Deng Zhihao believes that this rule of the new law has largely curbed the act of rush registration. "Once registered trademark has absolute right, the registrant can prohibit everyone from using it. Therefore, many people rush to seize the trademark that others are using but have not yet registered in order to obtain a high pfer fee.

After the implementation of the new regulation, it may not pose a threat to the original users after the rush registration, and the snatch will not be able to gain benefits from it. Therefore, the motivation of the rush will be reduced.

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