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    Trademark Pfer Can Also Be Acquired By A Desirable Trademark.

    2015/8/15 20:13:00 12

    Trademark PferTrademarkApplication Skills

    The confusion of trademark rush registration is getting worse and worse. How to strengthen its supervision and standardize the order of trademark registration industry is a pressing matter of the moment.

    It is worth mentioning that in the recently promulgated new trademark law, the punitive damages system has been introduced for the first time in the trademark registration. The new regulation is based on the circumstances of the malicious infringement of the exclusive right to trademark. The maximum penalty for different levels of compensation is up to 3 million, which is 6 times the previous rule.

    In addition to legal support, it is still important to raise awareness of trademark protection and prevention.

    Huawei trademark pfer gives us the following measures to deal with trademark rush registration:

    At present, there is an endless stream of imagination, such as the "brand name" type of malicious rush, and the "celebrity" type of malicious rush.

    In 2013, the domestic "Tesla" trademark rush registration incident is a good interpretation.

    After a series of games, it was pointed out that Tesla had given up the trademark, and the trademark "Tuo speed" was now in Chaoyang, Beijing.

    register

    The sales company of Tuo Le Le, and its trademark grabber may be a mere scrap of water.

    In addition to Tesla, once the international brand name "Hermes", "Lexus" and so on, all these have been registered by the trademark.

    In recent years, with the development of China's economy, domestic famous brands have been frequently registered in foreign countries. Hisense's trademark has been snatch in Germany. Wuliangye has been snatch in Korea, and domestic enterprises must redeem these trademarks if they want to go abroad and go to the world.

    The phenomenon of "celebrity" type of malicious trademark grabbed is a whirlwind after the Beijing Olympic Games, including the names of the names of sports stars including Lin Dan, Sun Yang and ye Shiwen, all of which are snatch. It is surprising that the "Lin Dan" trademark is actually an enterprise that produces pig feed, and the once flying "Liu Xiang" trademark has even been applied for registration by the famous Nike company.

    Whether it is an enterprise or an individual, in the initial stage of trademark registration, it is necessary to do a good job in trademark retrieval, preferably registering trademarks related to their products and services and preventing them from happening.

    In the trademark law, there is a clear "registration first" principle. The first registered trademark owner owns the ownership of the trademark. Running in front of the owner is the best policy.

    We should promptly monitor trademarks related to their immediate interests and pay close attention to the trademark notices issued by the state trademark administration.

    Generally speaking, the initial notice of trademark is three months, and within three months, the trademark office can challenge the trademark so that it can not register successfully.

    For individuals, they can also give alerts to celebrities' names, trademarks or similar trademarks, and protect celebrities' names and trademarks in time.

    If a trademark has been registered, it can be challenged during the announcement period.

    If you have been successfully registered, you may apply for cancellation of the trademark by submitting relevant information.

    In addition, article forty-fourth of the trademark law stipulates that the use of a registered trademark has ceased for three consecutive years.

    trademark

    The Bureau revoked its registered trademark.

    The thirty-ninth provision of the regulations on the implementation of the trademark law stipulates: "if there is a forty-fourth (four) act of the trademark law, anyone may apply to the Trademark Office for cancellation of the registered trademark and state the relevant circumstances.

    Michael Jordan, the American sports star, applied to the Shang jury to revoke the "Jordan" trademark of Jordan sports in China on the ground of infringing the right of name.

    The application for cancellation of trademark is also a way to protect celebrities. This requires the cooperation of professional trademark agencies and law firms, because it involves

    Legal issues

    More, and the whole cycle takes much longer time.

    If there is a phenomenon of trademark rush registration and do not want to solve it through legal means, the friendly pfer between the two sides can be realized, so that both sides can receive the price of trademark pfer in a reasonable scope, so as to achieve a win-win situation.

    Just because the two sides are entangled in the issue of trademark and go on the legal procedure, the damage to the brand value of the trademark itself is greater than the long litigation period. The dispute about the "Jordan" trademark has been recalled, which has directly affected the listing of Jordan.

    Of course, if one side presents a phenomenon of malicious price rise, such as Tesla or prosper, this will require the buyer to weigh the pros and cons.

    In addition to legal support, it is more important to solve the problem of trademark registration by raising the awareness of personal trademark protection. At the same time, spurring the registration of malicious trademarks, without the rush of registration, businesses and individuals will no longer be snatch for trademarks, and the intellectual property market will develop orderly and healthily.


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