What is trademark squatting
Squatting a trademark refers to a trademark or well-known trademark that is already known to the public by others. The act of applying for registration of a trademark on non-similar goods or services.
Trademark squatting is a fact-finding act. Generally, the ownership of the trademark is revoked and the trademark ownership of the original owner is re-established, and generally no other infringement liability will be assumed.
Trademarks are trademarks used by producers and operators of goods. It consists of words, graphics, letters, numbers, three-dimensional signs, sounds, Color combinations, or combinations of the above-mentioned elements, are distinctive features of the logo and are a product of the modern economy.
What is the specific basis for determining malicious squatting
The so-called "malicious registration" is just a popular name for people. According to the current provisions of Article 32 of the Trademark Law, "you shall not use unfair means to preemptively register a trademark that has been used by others and is "Trademarks with certain influence". Therefore, "malicious registration" means that the applicant uses unreasonable or illegal methods to apply to the Trademark Office for registration of a trademark that has been used by others but has not yet been registered by others. This constitutes "malicious registration". The requirements for "note" are as follows:
( 1) In order to seek unfair benefits, this is a subjective element of "malicious registration". The applicant applies for a trademark that has already been used by others as his own trademark. This behavior itself has misappropriated the fruits of others' labor. If the registration is successful, it is tantamount to stealing in a legal way. What is even more serious is that once the registration is successful, the "malicious registration" applicant will use the right to occupy the registered trademark to prohibit others from using the original trademark. own trademark or use its right to dispose of it to transfer the registered trademark at a high price or license the use of the trademark at a high price. If these purposes cannot be achieved, they will file an infringement lawsuit or report to the industrial and commercial administration and ask for compensation.
(2) The applicant adopted unfair means, which is behavior Unfair means means that the applicant for trademark registration untruthfully fills in the relevant matters in the trademark registration application and the relevant materials provided in an unreasonable or illegal manner. However, as far as the Trademark Office of the State Administration for Industry and Commerce is concerned, this is not the case. The authenticity of the application and related materials may be reviewed. Therefore, the determination of unfair means can only be made by the person who has been squatted in the opposition procedure or in the subsequent application for cancellation of the trademark by the person who has been squatted. The applicant used unfair means.
What are What about unfair means
1. The applicant uses relationship with others. Small and medium-sized enterprises are most likely to become targets of squatting. Because small and medium-sized enterprises areWhen launching your own products to the market, you often do not register a trademark first and then launch the product. More often, you register a trademark only after your product has a certain impact.
2. Use the background of working with others . As collaborators, they are most aware of the use of the trademark of the person being squatted. Some secretly registered the collaborator's trademark as their own during the cooperation period, while others transferred the collaborator's trademark to their own after the cooperation was over. Trademark registration first.
3. Other people in the same area who know the inside story . Take advantage of their different conditions and their own advantages, such as managers, legal advisors, reporters, trademark agents, etc., to learn about the operator's trademark use during news interviews or management work, and to foresee squatting Register first to benefit from the benefits brought by the trademark.
(3) Successful registration, this is an objective requirement Or only if the factual requirements are successfully registered, "malicious registration" will eventually occur. If during the opposition procedure, the person who has been registered by squatting finds that his trademark has been applied for by someone else, he can file an objection, resulting in an unsuccessful registration. Of course, there is no "malicious registration".
In fact, the local trademark registration office received the registration There are a lot of trademark application materials, and the staff of the Trademark Office must review similar trademarks, so as to prevent trademark squatting to a certain extent. But sometimes, trademark squatters have already taken the lead before the original trademark owner has time to submit the application materials. It is also difficult to curb trademark squatting and requires joint efforts from many parties.
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