Malicious trademark grabbing How to define attention behavior
Whether the applicant has committed trademark squatting for the purpose of seeking unfair benefits shall be determined by the following circumstances: (1) In the case of trademark squatting, See if he uses it himself after successful registration, that is, uses it on his own products, and whether the product is the same or similar to the product of the person being squatted;
(2) In the case of trademark squatting, whether the registered person is transferred or licensed to use the trademark at a high price;
(3) In the case of trademark squatting, whether Directly accuse the person being registered for infringement and make a request for compensation.
The applicant has adopted unfair means. This is Requirements for trademark squatting
In the case of trademark squatting, unfair means means that the trademark registration applicant untruthfully fills in the trademark registration application and the relevant materials provided in an unreasonable or illegal manner. Relevant matters. The content of unfair means is as follows:
(1) In trademark squatting, the applicant takes advantage of the relationship with others
(2) In the act of trademark squatting, using the background of previous cooperation with others
As collaborators, they are the ones who are most aware of the use of the trademark of the squatter. Some secretly register the partners' trademarks as their own during the cooperation, while others preemptively register the partners' trademarks after the cooperation ends.
(3) In the case of trademark squatting, other people in the same area who know the inside story
Use its different conditions and its own advantages, such as managers, legal Consultants, reporters, trademark agents, etc., can learn about the use of trademarks by operators during news interviews or management work, and can foresee the benefits brought by trademark registration and register first.
The registration is successful, which is an objective or factual requirement for trademark squatting
Only when the registration is successful, trademark squatting will eventually occur. To establish this requirement, at least the following factors must be considered:
(1) In the case of trademark squatting, Whether the registered trademark is a trademark with certain influence
Normally, no one will rush to register a trademark that has no influence. “Have certain influence” refers to a distinctive mark that is recognized by a certain group of people in a certain region. In fact, once a product or service is After being put on the market, due to the role of advertising and the process of trading, the influence of trademarks has begun to occur in the minds of the public, and its influence has reached a "certain" level, such as a certain geographical scope and a certain group of people.
(2) In the trademark squatting behavior, whether it has been used and is being used Trademarks used
The trademarks that have been preemptively registered should be considered It is a trademark that has been used and is being used by the person who has been squatted, that is, the continuous use of the trademark is emphasized. If the trademark that has been used by the person who has been squatted stops using it halfway, and someone else applies for registration, it should not be regarded as trademark squatting.
When the court heard the case of trademark squatting, The determination of whether a registered company has maliciously registered a trademark is that after registering the trademark, the company has similarities with the related products of the company that was registered. The most obvious point is whether the company has successfully registered the trademark. The trademark is transferred at a high price or authorized to be used by others.
The above is the relevant content summarized by the editor of Legal Savior Network. If there is anything else that you cannot understand about this article, you can find a lawyer for consultation and guidance through Legal Savior Network. , they can tell you the answer directly.
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