Should the first step in legal protection of a trademark or brand be to apply for trademark registration?
Trademark or brand protected by law The first step should be to apply for trademark registration.
Step 1: Apply for international trademark registration
span>The first step for legal protection of a trademark or brand should be to apply Trademark registration establishes the legal ownership of a trademark. Chinese companies with an international vision should apply for international trademark registration in a timely manner and strive for international legal protection of their product brands.
Although our country has joined the "Paris Protection of Industrial Property Rights" Convention (hereinafter referred to as the Paris Convention), has special protection provisions for well-known trademarks. However, due to its limitations and the strong regional nature of trademark registration and protection, when Chinese companies seek international protection for trademarks (brands), it is the easiest and easiest way to protect well-known trademarks. The most cost-effective way is to apply for international registration of a trademark.
It can be said that through trademark registration in the legal sense It is the legal passport for the internationalization of Chinese brands. Without this pass, everything is made for the brandAt best, your efforts are just a wedding dress for others. The lifeline of the company will be controlled by others, and internationalization will falter.
International trademark registration can be carried out after domestic registration. It can also be carried out simultaneously with domestic registration, which applies to all trademarks, regardless of whether they are well-known or not, and whether the registration is successful or not. In addition, trademark protection is very time-sensitive. Most countries protect trademarks according to the time they are registered. In other words, whoever registers first gets the trademark and corresponding legal protection first.
There are currently three main ways for Chinese enterprises to apply for foreign registration of trademarks:
1. International registration of trademarks in Madrid. Trademark applicants can apply for international trademark registration through the National Trademark Office in accordance with the Madrid Agreement on the International Registration of Marks and the Protocol Relevant to the Madrid Agreement on the International Registration of Marks. During the application, the applicant can also apply for territorial extension and designate his or her trademark to a Madrid Union member state for protection. Only through territorial extension can a trademark be protected in a designated member state.
2. Register one by one. Chinese enterprises can entrust agents to register one by one in countries that are member states of the Paris Convention or countries that have signed reciprocal trademark registration agreements with my country. If a Chinese enterprise applies for registration of the same trademark in another member country for the same goods or services within six months from the date of application in any member country of the Paris Convention, it can claim priority; if it is registered in a non-member country of the Paris Convention, If you apply in any country, as long as these countries have signed a reciprocal trademark registration agreement with China and there are priority provisions in the agreement, you can also claim priority when applying.
3. EU trademark application. Applicants can apply to the European Office for Harmonization of the Internal Market, which is established in Spain and is responsible for EU trademark registration and coordination, to register as an EU trademark. Once the trademark application is successful, it means that it will be protected throughout the EU. However, it should be noted that the EU trademark system does not replace the domestic trademark systems of each member state, and previously registered trademarks in each member state will continue to be valid. Applicants can decide at their own discretion to apply to register a trademark in a particular country, or only through the EU trademark system, or both.
Step 2: Apply for well-known trademark recognition
span>The second step in the legal protection of a trademark or brand is to After a certain period of promotion, the brand gradually establishes a good reputation and becomes well known to consumers, and then promptly applies for well-known trademark recognition in the country. Because well-known trademarks have a wider scope of protection and a higher level of protection, not only domestic laws but also relevant international conventions that China has joined also provide special protection for well-known trademarks.
In summary, the law has special provisions for well-known trademarks Protection includes three aspects:
1. In well-known trademarks In terms of registration applications, the application of the “first to file” principle and the requirement of “distinctive features” are excluded. This means that the rule that marks and names that directly describe the inherent characteristics of goods cannot be registered as trademarks does not apply to well-known trademarks, and defensive trademark registration can be obtained;
2. In terms of preventing others from registering, you can apply to reject or cancel the well-known trademark used by others on the same or similar goods or services. Registration application or registration of identical or similar trademarks;
3. Regarding the protection of well-known trademarks after registration, well-known trademarks can enjoy a higher level of protection. They enjoy absolute exclusive rights immediately or after a short period of registration, and others are not allowed to request them. After revoking its registration, others may not use signs that are identical or similar to a well-known trademark for the same, similar or non-similar goods and services. At the same time, a well-known trademark also enjoys additional derivative rights, including: In terms of domain name protection, it is prohibited to use other people's well-known trademarks
A trademark is registered as a domain name. If a domain name or its main Copying, imitating, translating or transliterating parts of a well-known trademark may constitute infringement or unfair competition; in terms of name protection, it is prohibited to use other people's well-known trademarks as manufacturer names or part of them; in terms of trade name protection, it is prohibited to use them in any way with The use of words (including translations) and graphics that are identical or similar to others' well-known trademarks as names of goods or services or decoration of goods, etc.
Step Three: Take up the weapon of law
The third step in the legal protection of trademarks or brands is to actively seek legal remedies when the corporate brand is illegally infringed, and to maximize the protection of the corporate brand and brand through legal channels. Corporate interests.
In addition to the above-mentioned awareness, companies need to In addition to having a clear awareness of brand strategy and brand protection, we should also actively fight against the behavior of individual multinational companies that abuse loopholes in international intellectual property rules to infringe on their own trademarks (brands) and harm their own interests, and protect their own brands and interests through legal means.
It should be noted that the legal remedy is brand maintenance The last resort in a strategy should be used only as a last resort, especially considering the followingDisadvantages:
First, it is time-sensitive. The time limit for filing an application to cancel the registration of a trademark owned by others is five years from the date of registration. If the cancellation is not successful within five years, the trademark rights in that country can only be redeemed at a high price.
Second, it is difficult to identify the nature of internationally well-known trademarks . According to the Paris Convention, a well-known trademark that has not been registered in the country of use must enjoy protection in the country of use, and it must be able to prove that it is indeed an internationally "well-known trademark." However, most Chinese brands, including Hisense, are domestic brands and rarely can be called international famous brands. It is generally difficult to enjoy special protection under foreign laws.
During the actual operation, it is recommended to consult a professional If you have any opinions, ask the professional lawyers of Legal Savior Network to deal with it, so as to safeguard your own and legal rights and interests to the maximum extent and protect your interests from harm. If there is something you don’t understand. You can also search for relevant legal solutions.
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