How to prevent trademark infringement
Once a trademark is registered, the applicant can enjoy the exclusive rights to the trademark. How to better protect the exclusive rights of trademarks not only requires the coordination of administrative law enforcement departments, but is also an important task for enterprises. Preventing others from infringing or endangering their exclusive rights to registered trademarks is one of the issues that enterprises must pay attention to. In addition to paying attention to the above-mentioned issues related to trademark use, you also need to pay attention to and do a good job in the following aspects:
1. Pay close attention to trademarks Registration status.
During the trademark application period, you must pay close attention to the trademark registration situation, and also pay attention to the "Trademark Announcement". Once you find that the trademark applied for registration by others is different from your own trademark Identical or similar, objections or disputes should be raised promptly.
2. Frequently search for trademark information.
Enterprises need to conduct frequent market surveys and require local promoters and branches to pay attention to the corporate logos and packaging of similar products on the market. If any suspicion of infringement is discovered, they need to be taken promptly. If it is determined that the other party is infringing, you can file a lawsuit with the industrial and commercial administrative agency or file a lawsuit in court if necessary.
3. Strengthen the management of trademark logos.
The investigation shows that many of the counterfeit trademark cases investigated by the industrial and commercial departments are closely related to the registrant's poor management of trademark logos and packaging. Some trademark registrants have caused trademark logos to be stolen and lost due to poor storage; while some have failed to effectively destroy waste logos (including waste logos that appeared during the printing process and use), or even There are also some people who will sell these signs to scrap collectors; some have not strictly inspected sign printing factories, carton factories, etc. These sign processing factories violate the law, contracts and conscience, and will print the number of trademarks and mix them up. Reselling to others, etc.; the above factors are common problems that lead to trademark infringement cases.
Related suggestions
1. The main person in charge of the enterprise and the trademark owner, including the designers of logos and packaging, should be familiar with the application of trademark laws and be able to Use it flexibly, and you can also ask agent consultants to help you handle it.
2. Do not use unregistered trademarks. Either do not use trademarks, or use registered trademarks if you use them. Trademarks that have been declared and accepted by the Trademark Office, that is, trademarks in registration, should be used with caution, because the exclusive rights of the trademark are uncertain. In order to avoid the contradiction between enterprises due to long registration time and urgent need to use the trademark, China *Da recommends that enterprises should register trademarks at the beginning of product development and research, and have "advanced awareness" of applying for trademark registration.
3. Use the product right away A name, try not to give the product an alias. If you need to distinguish between new and old products of the same type, you can also give the new product a new name and apply for a registered trademark.
4. Use registered trademarks correctly in accordance with the law, and do not change the pattern of the registered trademark at will during use. If it is determined that the trademark pattern needs to be changed, the changed pattern must be submitted for trademark registration.
5. When designing trademark logos and product packaging, you should try to highlight the registered trademark graphics and reduce decorative patterns. It is best to consider this when applying for trademarks and registering trademarks. to meet the requirements for trademark logo and packaging design, or you can design the product logo and packaging first, and then separate the parts that can be registered for trademark registration and apply for trademark registration. In addition, you should also pay attention to the logos of similar products in the same industry and packaging, avoid imitating other people’s design styles and causing your own ideas to be ineffective. You should have your own unique design ideas and design style.The above is the editor Related content compiled for you, if you have other questions, you can consult online with our lawyers at the Legal Savior Network.
