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    Is Their Trademark Equivalent To Foreign Trademark Infringement?

    2016/10/16 22:29:00 36

    TrademarksForeign TrademarksInfringement

    First, trademark rights are regionality: the trademark rights granted by a country or region in accordance with the Trademark Law of the country or the trademark Treaty of the region, which is effective only in the country or region, and is not binding on other countries or countries outside the region.

    Although there are trademark international organizations and some trademark regional organizations, they can not be separated from the regionality of trademarks.

    Two, avoid intentional or passive aggression against others abroad.

    Trademark rights

    It leads to huge payments.

    Most countries apply the principle of prior application to protect the trademark that has applied for registration first.

    If a company does not consider trademark registration and enquiry before exporting, it is likely not to know that it has infringed the trademark rights of others in the country. Once someone else has registered first, it is likely to have passive infringement and the risk of pnational litigation and huge compensation.

    Three. In most countries, the period of trademark registration is relatively long.

    Trademark registration

    It is conducive to the implementation of export protection and market strategy:

    In most countries, the registration period is longer. In order to be more conducive to the implementation of export plans, it is necessary for exporting countries to obtain trademark right in time and avoid unnecessary disputes in the future. It is necessary to carry out international trademark registration in advance, laying a solid foundation for future brand promotion.

    Four, avoid the trademark that has been used for a long time to be registered by others, including competitors, dealers or other interested parties in foreign countries, and must cooperate or be forced to reforge new brands at a high price:

    Five, the state has special marks for exporting enterprises' registered trademarks abroad.

    Capital subsidy

    And other preferential policies: China is already the global manufacturing center, with a large trade surplus, low value-added products and trade frictions.

    Export products need upgrading, and they need to launch their own brands in the international market.

    The government attaches great importance to and encourages the export enterprises to create their own brands abroad.

    After obtaining a trademark registration certificate abroad, an exporters may apply to the relevant departments for subsidies for special funds.

    Six, establish brand image, enhance brand value and shape international brand.

    Trademark, as one of the most important intangible assets of enterprises, plays an important role in international economic activities.

    In opening up the international market, we did not realize that it was important to apply for trademark registration in a timely manner and get the importance of local legal protection, so that our trademark was repeatedly grabbed by others. This has brought serious obstacles for these enterprises to enter the international market in the future, and some have been gradually squeezed out of the already opened market.

    As a matter of fact, some brand names abroad are not registered in China. You can register the same or similar brand names in China.

    Because the trademark law stipulates that the protection of trademark registration is regionally based, and which country is registered in which country is protected by law.

    In foreign countries, registered trademarks can be used at home, and no documents are required, but they are not protected by law in China.

    Therefore, when foreign brands enter the domestic market, they also require trademark registration and the right to exclusive use of trademarks, otherwise they will not be protected by law.

    Many foreign brands have registered domestic trademarks even before entering the Chinese market.

    Nowadays, the possibility of registering generally is relatively small, and the trademark office is also very strict in its examination.

    If he has not registered in China, he has also queried whether or not a similar or similar brand name has been registered on the China Trademark online. Then it can be registered. According to the law, they do not infringe their trademark rights, nor can they complain about you. However, if they are some well-known brand trademarks, the Trademark Office will strictly examine the application of the trademark, and the possibility of trademark application is relatively small.

    If you are in mainland China at the same time, it depends on who you first register in mainland China. At the same time, it depends on whether you register and use the same category.

    If you are registered in the same category in mainland China and he is in China, then he infringed. If he wants to use it in mainland China, he will need your approval and authorization.


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