Trademark Registration Also Aims At Public Institutions.

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The Xiaobian of the network introduces the trademark rush registration and the public institutions.

Nowadays, many public institutions have a weak awareness of trademark registration, which brings a chance to take advantage of the trademark rush, resulting in frequent incidents of the names and logos of public institutions being registered.

Then, in the face of trademark rush, how should public institutions guard against and how to safeguard their rights after being snatch?

Public aircraft constitute a new target for trademark registration

Recently, I learned that a famous department of a famous three grade hospital in Chongqing was "Sophia".

The relevant person in charge of the hospital said that because the public institutions did not participate in commercial operation before, and the names and departments were approved by the competent authorities, they thought they did not need to register trademarks.

Later, he felt that it was necessary to register the registered trademark of the hospital. After contacting the trademark agency, he was told that "eye light" had been registered by the Chengdu native Xu Mou as a trademark for medical clinics and sanitary equipment a year ago.

Hospitals need to pay a high fee for trademark pfer if they want to re-use the trademark, and the hospital name is not similar to the trademark, nor can they be registered.

In the final hospital, the certificate issued by the superior department issued a letter of proof, which took two years to get the trademark right.

Public institutions refer to state sponsored and state controlled institutions, such as public hospitals, public schools, foundations, women's federations and consumer associations.

Trademarks and unit names are very important to public institutions. Once they are snatch, they are likely to have a negative impact on reputation and image.

Although the law provides a remedy for those who are maliciously registered, the relief afterwards is always time-consuming and laborious, so the best way to prevent trademark registration is to register as soon as possible.

Shen Chunxiang, partner of Beijing Yongxin Chi Cai law firm, told the author that the agency had acted as a proxy for many public institutions whose trademark had been registered. The more influential case was the case of a foreign trademark registration in 2010.

At that time, the "Confucius Institute" trademark of the leading office of the national Chinese International Promotion Office (Hanban) was seized by a local company in Costa Rica. After the registration was made, the local partner of the Confucius Institute filed a tort lawsuit and claimed a high amount of compensation.

The Confucius Institute has collected a lot of evidence that the "Confucius Institute" trademark of the Hanban has been effectively registered and used in nearly 100 countries in the world before the other party's rush, and has gained a high reputation in the world.

Finally, the Confucius Institute succeeds in facilitated the cancellation of the trademark rights of the other party and effectively registered the trademark of the "Confucius Institute" of the Hanban office in Costa Rica.

Awareness of trademark protection needs to be strengthened

When a public institution's trademark is registered, it will not only affect its reputation, but also bring many obstacles to its future cross-border development.

Therefore, the public organizations should strengthen the awareness of trademark protection, register in time for the unregistered brands and brands, and take corresponding measures in time for the registered trademarks.

Public institutions should pay attention to collecting and preserving evidence materials used in trade marks or names, such as sales contracts, advertising inputs and so on.

In trademark dispute cases, giving evidence is a very important job for the parties, but it is also very difficult at the same time, usually consciously collect more. Once the infringement disputes occur in the future, we can provide evidence materials quickly and conveniently to safeguard their legitimate rights and interests.

Shen Chunxiang said that strengthening awareness of trademark protection in public institutions should consider the following aspects: the leadership of the unit should attach importance to the protection of the name and trademark rights of its own units, formulate the brand protection strategy of the unit, strengthen the training of staff's trademark knowledge, pay attention to the absorption and cultivation of professional intellectual property personnel, strengthen and improve their brand protection with their professional knowledge and skills, and pay attention to the external law firms.

The study and exchange of agents and relevant intellectual property experts are concerned about the hot issues of trademark protection in legal practice.

Experts pointed out that if the trademark or name of a public institution has been registered with a high reputation in the society, it can collect evidence to prove the popularity of its trademark or name in accordance with the thirteenth provision of the new trademark law. Based on the fact of "well-known trademark", it is required that the registration institution reject the application of the malicious applicant or declare its trademark registration invalid.

Building trademark protection wall

To build a trademark protection wall is to enhance the awareness of legal protection, to learn the law, to make good use of the law, and to protect its rights and interests with legal weapons.

The most important thing is to raise awareness of trademarks and register trademarks as soon as possible.

Once a trademark is registered, the cost of safeguarding rights will be much smaller.

Public institutions should first apply for registration of major products and services as trademarks.

If we fail to apply for a registered trademark because of negligence, it may cause potential for future development.

In particular, the rapid development of the Internet, if the trademark is snatch by competitors, and then continue to complain, will have a great impact on the development of public institutions.

Secondly, we should prevent insufficient application and do not apply for trademark protection in all categories.

Although the service category has been applied, there are no applications for related categories, such as educational software. Only forty-first categories of educational applications have been applied, but ninth categories have not been applied. At this time, it is still very troublesome to be grabbed ninth kinds of software classes.

In addition to the main categories, public institutions should continue to increase trademark protection according to their own development and increase the application of subsidiary categories.

Shen Chunxiang told me that public institutions should apply for registered trademarks in relevant categories in time for their services or products that compete in the market.

In the category of trademark registration application, we should consider both the categories currently used and the areas that may be extended in the future, so as to establish a broader scope of protection of trademark rights and interests.

"Trademark registration review organs should pay more attention to trademark applications involving the names of public institutions and related signs. They should promptly dismiss the names of public organizations that are widely known by apparently malicious registered trademarks or the public, or actively support the legitimate demands of public institutions in dissent and evaluation cases."

Shen Chunxiang pointed out that the judicial authorities should take into consideration the maliciously degree of the applicant and the negative effects caused by such malicious spying. According to the relevant provisions of the new trademark law and the anti unfair competition law, the judicial authorities shall order them to stop infringement and to award corresponding compensation.

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Make good use of the new trademark law and safeguard its trademark right

The containment of trademark malicious preemptive behavior is an important consideration in the revision of the new trademark law. Therefore, there are some provisions that are conducive to the first use of trademark and not conducive to malicious preemptive.

The thirteenth article is a trademark which is well known to the public. If the holder considers his rights infringed upon, he may request the protection of well-known trademarks in accordance with the provisions of this law.

Expert interpretation: if the trademark or name of a public institution has been registered with a high reputation in the society, public institutions may, on the basis of the fact of "well-known trademark", require the trademark registration agency to dismiss the application of the malicious applicant or declare its trademark registration invalid.

Fifteenth, without authorization, the agent or representative will register the trademark of the principal or the representative in his own name, and if the agent or the representative raises objection, he shall not register and prohibit the use.

Expert interpretation: according to the provisions of the article, if a public institution's agent, representative, or other person who knows the existence of a trademark of a public institution is aware of the existence of a trademark of a public institution because of the relationship between contracts and business contacts, if the trademark of a public institution is registered in the name of a public institution without authorization from the public authorities, the trademark registration institution will not register and prohibit the use of the trademark by a public institution.

The thirty-second application for trademark registration shall not prejudice the prior rights of others, nor shall they preemptive registration of other trademarks which have been used and have certain effects by improper means.

Expert interpretation: according to the relevant judicial interpretation and practice, if the name of a public institution has been used for a long time and has a certain influence among the relevant public, the name can constitute the "prior right" mentioned in the trademark law.

Where a public institution objects to a malicious preemptive person,

No registration will be made.