What Are The New Risks Of Trademark Registration In The Era Of "Internet +"?
With the popularization of the concept of "Internet +", more and more traditional industries tend to merge with the Internet. "Internet + education", "Internet + manufacturing" and other new formats are emerging. But in the process of Internet, the characteristics of Internet opening, data sharing and globalisation make enterprises and individuals face unprecedented challenges in trademark registration. The traditional trademark registration strategy fails to effectively protect business safety, and trademark infringement is everywhere.
Generally speaking, when a trademark is registered, a traditional enterprise needs to register its trademark, such as the name of the company, the name of the LOGO, the product or service, and so on.
Internet
The rise of the Internet has led to the emergence of some Internet specific brand identities, such as APP icon, domain name, etc. the popularity of the Internet has made these information an important brand mark for consumers to identify the source of goods or services, playing an important role in identifying, guiding, searching and advertising, and becoming the trademark of enterprises and individuals that must be registered.
The scope of trademark registration has expanded continuously in the era of "Internet +".
Take the domain name as an example, in search and brand recognition purposes, many enterprises will use the same name as the brand name when choosing the core domain name, such as Google (www.google.com), Baidu (www.baidu.com), Dangdang (www.dangdang.com), etc. if others use the core domain names as the logo outside the domain name, they will have a certain negative impact on the brand.
In addition, in the traditional trademark registration strategy, advertising language is often a very easy to overlook in trademark registration work. In fact, as a "front-line salesman" of corporate brand, advertising language plays a role in conveying the core concept of products or corporate brand to consumers, which can increase the added value of the brand in an invisible way. It has a very important significance for consumers to understand the brand connotation and establish brand loyalty.
In the era of "Internet +", enterprise advertising speed is fast, the scope is wide, the exposure is high, the advantage of advertising language has been magnified again and again. A good slogan can make consumers quickly associate with the brand, such as Lining's "everything is possible", Nike's "just do it" and so on, has a very high brand recognition degree, and has repeatedly become the object of infringement.
In the era of "Internet +", enterprises and individuals must attach importance to the importance of advertising language trademarks.
From the simple Internet development to the current mobile Internet, the concept of "Internet +" is expanding, and trademark registration will continue to expand to suit the development of the times. If enterprises and individuals want to fully protect their legitimate rights and interests, they must renew their trademark registration strategies according to the development trend of the times, register trademarks in a timely manner, and constantly increase the intensity of trademark protection.
Composite trademark refers to the combination of two or more than two trademark elements, such as "character + graphics" trademark, "letter + digital" trademark and so on. Combination trademark combines the different characteristics of various elements, has the advantages of graphic and vivid, vivid and easy to identify, and combined trademark greatly saves the cost of separate registration, so it has been widely recognized and used by enterprises and individuals.
But remind enterprises and individuals.
combined trademark
There are also risks that should not be overlooked.
Aside from the risk of decreasing the success rate in the process of trademark registration, when an enterprise or an individual uses a combined trademark, it can only use the combined trademark as a whole mark. It is not allowed to change the way of combination or use the elements of the combination alone, otherwise it will lose the effectiveness of the registered trademark and not be protected by law.
That is to say, if someone else uses a part of the trademark without authorization, it is likely not to be judged as a tort.
This provides convenience for trademark infringement.
A famous combination trademark, such as the famous brand Adidas "adidas+ graphics" (the following figure), is a combination trademark. Because of the wide popularity of the brand, both the English and the graphic parts of the combined trademark have a high degree of recognition. When used alone, consumers will also have brand associations. Therefore, if the constituent elements of the combined trademark are not registered separately, there will be a great risk of infringement.
The open environment of the Internet undoubtedly magnifies this risk.
The advantages of fast speed and wide range of network pmission have greatly improved the visibility and popularity of traditional enterprises and individuals. But this also makes enterprise information acquisition easier. In this case, we seize the loopholes in trademark protection, and take advantage of the natural disadvantages of the combination trademarks to take advantage of the "trademark" and "brand name" trademark infringement.
When registering a trademark, it is possible to separate the constituent elements, such as characters, graphics, letters and so on, and register individually, so as to maximize the protection of the legitimate rights and interests of enterprises and effectively reduce the risk of infringement of trademarks.
At the same time, a single factor trademark can not be used alone when it is used, but it can be used alone or with a combination of registered trademarks.
Therefore, in the process of Internet pformation, enterprises and individuals should not blindly register trademark combinations because of saving registration fees.
In the era of "Internet plus", the products or services of an enterprise often involve online and offline functions, and are characterized by multiple trademark categories. In such a case, enterprises will have legal risks only if they apply for trademark registration in a single category.
In practice, the conflicts between different types of trademark caused by the application of trademark category are increasing day by day. The emergence of APP aggravates the conflict.
Taking drop taxi as an example, a taxi software involves at least the contents of application downloading, map service, broadcasting function, taxi pportation and travel reservation, which requires software operators to register trademarks in ninth categories, sixteenth categories, thirty-eighth categories and thirty-ninth categories.
If one of the categories of trademarks is snatch by others, it will inevitably lead to conflicts between different categories of trademarks.
Once this happens, software operators either spend a lot of money to buy the brand or give up the brand, but this also means that the huge advertising and operational investment in the early days will be wasted. No matter what kind of situation, it will pay a huge economic cost.
The trademark conflicts between different categories are mainly
Trademark registration
Therefore, enterprises and individuals must make a comprehensive analysis of the company, products and services in the registration of trademarks, and carry out multi class trademark registration according to the actual situation.
If there are conditions, it will be more insurance to adopt a full range of registered trademarks.
For companies, the trademark category should be chosen on the basis of core business and business layout.
In addition to the core categories related to the main business, enterprises should also consider the extension of business to register possible business expansion.
In addition, in recent years, the rapid development of the Internet has led to the development of e-commerce. If the enterprises involved in this area of business, we should also consider the related categories, such as "sell 350071 for others" in the thirty-fifth category, and display 350092 for the retail purpose in the communication media.
For products or services, trademark categories should be chosen according to their functions.
This requires enterprises to conduct a comprehensive analysis of products or services, and choose trademark categories according to core functions and other services that may be involved.
In addition, for some important information with high brand recognition, such as company name, flagship product or service, enterprises and individuals should also choose to register defensive trademarks to protect their legitimate rights and interests, which will play a good role in preventing illegal businesses from "naming famous brands" and grabbed trademarks.
With the advent of the "Internet + era", trademark registration is facing a new round.
risk
Enterprises and individuals have to look ahead when they apply for trademark registration, giving more consideration to the prospects of commercial development and the strategic layout of trademarks.
In addition to trademark registration, trademark, trademark protection and rights protection in the Internet + era are also facing new challenges. This requires enterprises and individuals to be more careful when dealing with trademark issues.
For more information, please pay attention to the world clothing shoes and hats and Internet cafes.
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