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Trademark Knowledge What is Trademark squatting? How to prevent trademark squatting?

Release Time：

2022-08-04

With the continuous development of brand economy, the value contained in trademarks has been more and more affirmed and recognized. Therefore, there are also some criminals through the malicious registration of trademarks, so as to profit from it. So what is trademark squatting, and how to prevent trademark squatting?

First.What is trademark squatting

Trademark squatting can be divided into narrow sense and broad sense. The narrow sense refers to the competitive behavior of registering the trademark before the original trademark owner in order to obtain economic benefits. The broad sense of trademark squatting can include the above circumstances, but also includes squatting other famous company names or other names that have a certain reputation in society registered as their own trademarks, in order to obtain economic benefits of competition.

Trademark has a monopoly, when a trademark is registered in a country or region, if it is not bought back at a high price or buy temporary use rights, it will forever lose the market in that country or region.

Second.How to prevent trademark registration

1. The market has not moved, trademark first. Ensure that the trademarks used are licensed before the newly developed goods enter the market.

2. Defensive registration. Application for trademark registration is "a class of goods a trademark an application", and a trademark can be applied for registration in dozens of classes of goods, for a sustainable development of enterprises, only in a class of goods is far from enough. Trademarks with certain popularity should be registered in the categories of goods similar to or not similar to the trademark, that is, multi-class registration, and effective defense against trademark squatting.

3. Strengthen trademark monitoring. Enterprises should pay close attention to the Trademark Announcement issued by the State Administration for Industry and Commerce. If they find identical or similar trademarks, they should raise objections to the State Administration for Industry and Commerce in time. Trademark agencies should be entrusted to conduct market tracking and monitoring, and timely feedback of infringement information.

Third.How to deal with the trademark being registered by others

1. Any trademark that has not been successfully registered may be opposed

If you find that your trademark has been registered by someone else, but the applicant's application has not been approved, you can remedy it by filing an objection. According to the provisions of China's Trademark Law, the trademark Office of the State Administration for Industry and Commerce shall first conduct a preliminary examination, and enter the announcement period after the examination, and the announcement time is 3 months. Within these three months, eligible entities may file trademark objections. Those start-up companies that have been registered trademarks can prepare evidence materials through professional trademark agencies during the three months to file trademark objections with the Trademark Office.

2. Trademarks that have been successfully registered may be applied for invalidation

If the registered trademark has been approved and registered after the three-month announcement period, the company shall request the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce to declare the registered trademark invalid in accordance with Article 45 of the Trademark Law. The Trademark Law has a 5-year time limit on the application for invalidation, that is, if a trademark has been registered for more than 5 years, it cannot be applied for invalidation on the grounds that it has been registered (well-known trademarks are not subject to this time limit). If any party is not satisfied with the ruling of the business judge, it may also file an administrative lawsuit with the people's court.

To sum up, once trademarks are registered, enterprises will be involved in intellectual property disputes, and sometimes the cost of safeguarding rights is relatively high. In response to such behavior, the enterprise can raise an objection and request the cancellation of the registration of the trademark. At present, China's registered trademarks must go through a three-month publicity period, during which time, it is relatively easy for enterprises to defend their rights. The Trademark Office publishes the list of trademark registrations every day, and enterprises can pay more attention to it.

Source: Gold name label

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