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In the early stage of entrepreneurship, how to avoid those "trademark infringement pits"?
Release Time：
2022-07-13
In recent years, the state has been emphasizing the establishment of a punitive compensation system, and the amount of compensation for trademark disputes is generally between 100,000 and millions, which is undoubtedly a blow to the start-up and small and medium-sized enterprises that are still developing.
The importance of trademark protection has been fully demonstrated by countless cases of blood and tears, because a trademark dispute caused by an negligence can make a startup unable to cope. Therefore, only by being cautious from the beginning can we avoid the great harm caused by the trademark pit. How should enterprises successfully avoid those "trademark infringement pits" in the early stage of entrepreneurship?
1, trademark registration, sooner rather than later
Since China's registered trademarks adopt the principle of "first registration" protection, it is recommended that in accordance with the principle of "the market has not moved, trademark first", enterprises should immediately start trademark inquiries and applications after determining the product name, and do not have to wait until the product is online, but should seize the opportunity in time.
2, find a professional agency (Deep confidence) or law firm consulting
Before applying for a trademark, find a professional trademark agency or law firm to consult and search the trademark to find out whether the trademark you are applying for meets the application requirements and whether others have registered the same or similar trademark in the class. If the trademark to be registered has been registered by a third party, timely consideration should be given to whether to replace the relevant trademark or to consider purchasing the trademark from a third party.
3, in the face of trademark squatting, the courage to take up legal weapons to protect their rights
A large number of provisions in the Trademark Law, such as Article 32, 44, 45, etc., have clear provisions for trademarks registered in bad faith, and the right holder can file an objection application within the period of the initial examination announcement, or apply for the Trademark Review and Adjudication Board to declare invalid after the trademark has been registered.
To sum up, compared with winning a legal dispute case on trademark infringement, whether in terms of time cost or money cost, trademark search and registration in advance is almost negligible in most cases. In order to avoid the difficulty and high cost of follow-up rights protection, it is recommended that you arrange trademark retrieval and registration in advance, and pay attention to the confidentiality of relevant information.
For enterprises, in order to protect their legitimate rights and interests, do not let their hard to create a brand image in vain, do not let their efforts to earn money to other companies become compensation, pay attention to trademark protection has been urgent!
Source: Gold name label
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