What are the remedial measures after trademark squatting?

Although people are always eager to "spend the right money and do the right things", there are always surprises. Trademark represents the brand, the brand determines the market, and the market is the profit. If a Trademark has been preemptively registered, especially overseas, companies must use various means to try to recover. The editor of Legal Savior Network has compiled the following content to answer your questions. I hope it will be helpful to you.

What are the remedial measures after trademark squatting?

After the product trademark has been registered by someone, you can apply to The registrant raises an objection or declares it invalid.

Trademark Law Article 32: Application for Trademark Registration must not damage the existing prior rights of others, nor use unfair means to preemptively register a trademark that is already used by others and has a certain influence.

Article 33 of the Trademark Law: Preliminary For a trademark that has been approved and announced, within three months from the date of announcement, the prior right holder or interested parties believe that it violates paragraphs 2 and 3 of Article 13 (Protection of well-known trademarks) and Article 15 (Prohibition) of this Law. Preemptive registration by others), Article 16, Paragraph 1 (Protection of Geographical Indications), Article 30 (Identical or similar to an earlier trademark), Article 31 (Apply for preliminary announcement first, apply for preliminary announcement for use on the same day) Prior trademark) and Article 32 (No prior rights shall be harmed, and no trademark shall be registered by legitimate means that has been used by others and has a certain influence), an objection may be filed with the Trademark Office.

Trademark Law Article 44: A registered trademark that violates thisArticle 10 of the Law. Article 11 and Article 12, or if the registration is obtained by deception or other improper means, the Trademark Office shall declare the trademark invalid; other units or individuals may request the Trademark Review and Adjudication Board to declare the registered trademark invalid.

The difference between objection and invalidation is that one is During the announcement period, one is to file a declaration of invalidity within five years after obtaining the trademark registration. There is no time limit for invalidation of well-known trademarks.

The above is the relevant knowledge compiled by the editor for everyone , if your situation is more complex, the Legal Savior Network also provides online lawyer consultation services, and you are welcome to seek legal consultation.