Ali Must Monopolize The Influence Of "Hai Tao" Trademark.

Ali can be said to be highly competitive in trademark competition.

Recently, a trademark expert from the author of the titanium media found that the trademark "Hai Tao" was also captured by Ali, and the first trial passed through the public notice period.

However, in the period of publicity, the trademark quickly frightened the Jingdong. Did the Jingdong rush to raise objections? But would the objection be effective? If Ali finally seized the sea brand, it would mean that Jingdong, vip.com, jumei.com would be forced to stop the business.

Specifically, what's the matter of "Hai Tao" trademark? Look at the strong excavator capability of the titanium media Author:

At present, overseas purchasing is becoming more and more popular. Cross-border electricity supplier has become a separate subdivision industry. Not only the existing electricity supplier giants have been heavily involved in gold distribution, but also many start-ups focusing on cross-border electricity providers have been heavily invested in venture capital support.

"Hai Tao" has been one of the most popular business models in recent two years.

In the May 20, 2015 trademark announcement, there appeared to be thirty-fifth, sixteenth, ninth Alibaba's first trial notices of three "Hai Tao" trademarks.

Among them, thirty-fifth categories of "Hai Tao" trademarks are designated to be used in advertising, computer networks, online advertising, business information, business information and advice for consumers, business management assistance, promotion for others, marketing, employment agencies, information incorporation into computers, databases, accounting, search for sponsorship and other service items.

The sixteenth category of "Hai Tao" trademark is designated for use in paper tapes, periodicals, magazines, newspapers, stationery, painting materials, teaching materials, photographs, posters, and printed matter.

The ninth category of "Hai Tao" trademark is specified in computer software (recorded), computer programs (downloadable software), computer storage devices, smart cards (integrated circuit cards), electronic publications, data processing equipment, electronic bulletin boards, network communication equipment, automatic advertising machines, cash registers.

According to the provisions of the trademark law, if no objection is raised before August 20, 2015, the trademark will be approved and registered.

Xu Qing, a senior trademark expert, a senior examiner of the original trademark review board and a partner of the right master, said that the trademark law stipulates that only the general name of this commodity or service shall be registered as a trademark.

In view of the "Hai Tao" standard, "Hai Tao" is a call for overseas and overseas online shopping which has emerged in recent two years. It is the pronoun of the current explosive consumption mode of national consumption.

Although the current industry operators mostly use "Hai Tao" as the key word of their websites and search terms, the vast number of consumers are familiar with the positioning of personal needs through the two words "Hai Tao".

However, due to the rigour of trademark examination, the examiners must decide whether a trademark is a common name of goods or services, which needs to be examined strictly according to law.

According to the definition of trademark review standard, the general name refers to.

The names specified in the industry standard or established, including the full name, the abbreviation, the abbreviation, and the commonly known name.

In the process of actual review, national standards and industry standards are well documented.

Xu Qing estimated that in the course of the review, the examiners may not find the two words of "Hai Tao" in the corresponding national standards and industry standards.

In addition, "Hai Tao" may also belong to the trademark registrability (notable trademark characteristics) before the registration date. However, with the extensive and continuous use of the industry, it has weakened the degeneration of the name of the commodity or service commonly known as the industry, so that the trademark can be registered at the time when it submitted the registration application or entered the preliminary notice.

In view of the above possibilities, it is also understandable for the examiners to approve these three trademarks preliminarily.

After all, according to the trademark law, anyone who can make a preliminary verification notice within three months from the date of the announcement can raise objections to the trademark office.

If the examiner judges that there are defects, the third party stakeholders can provide sufficient reasons and sufficient evidence to fight back.

However, once these three trademarks are approved and registered, the trademark registrants shall have the right to occupy, use, earn and dispose of their registered trademarks in accordance with the provisions of the trademark law for the protection of registered trademarks. At the same time, it excludes the similar trademarks that are used on the registered trademarks and approved commodities of the registered trademarks or are likely to produce similar trademarks which are confused and mistaken, and exclude other cases that cause damage to the exclusive rights of the trademarks.

If so, the business community will face a more threatening trademark than the "double 11" trademark event in 2014.

Now all cross-border electricity providers, whether existing Jingdong, vip.com, jumei.com, Amazon or new business format, have no permission from Alibaba. They can no longer use the word "Hai Tao" in the trademark or service approved by Alibaba, such as Internet advertising, posters, web software, APP software and so on.

The two words of "Hai Tao" will be monopolized by Alibaba in the field of electronic business, and Alibaba will also like to run alone.

However, it is learned that

A competitor's intellectual property owner discovered in time "

The first notice of the trademark was clearly known and the time limit for objection to the trademark was known, so the objection to "Hai Tao" was submitted at the first time.

It can be seen that the current Internet Co, especially Alibaba, has been very skilled in the use of intellectual property rights, and has deliberately blocked competitors' business plans.

What is Ali's use of Hai Tao's trademark to block each other's way to become a bubble, or Jingdong, vip.com, jumei.com and other cross-border electricity providers are forced to stop using the two words of "Hai Tao" to carry out business, or Ali "magnanimous" announced "sharing" Hai Tao "two character trademarks", we will wait and see the objection results.

But one thing is for sure. This disagreement will have a huge impact on every party and will become another milestone in the Internet industry and the trademark industry.

Looking back at Alibaba's double 11 incident in 2014, Alibaba's competitors have been entrusted with the traditional intellectual property office to track and warn Alibaba's trademarks.

However, due to manual retrieval and manual screening of traditional offices (every Monday, the State Trademark Office will issue a PDF document, which contains about 200 thousand trademark applications that enter the preliminary notice process on a weekly basis, and indicates that the objection deadline for these trademarks, the traditional office manually downloading the trademark preliminary notice, and manually retrieving and identifying the trademark information that believes the value and value of the entrusted Fang Youying), makes the Alibaba's double 11 trademark become a slip of the net, and finally leads to the passive competition of the dual 11 electric business, and is forced to re run its own unique Carnival to counter the double 11.

By using technical means, the right master can resolve all the trademark announcement information within 4 hours of the initial notice of the trademark.

The user rights master realized the first instance of the trademark at any time and anywhere and monitored the competitor's trademark preliminary examination, so as to provide the decision-making basis for the first time to adopt precise blocking means.