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Is there a loophole in Alibaba’s trademark layout? "Hema Fresh" is in danger of being trademarked by others
Release Time：
2022-06-25
In 2021, Hema Xiansheng's official Weibo post complained about the sudden addition of a bunch of relatives to the "family", including Mrs. Hema, Miss Hema, Dad Hema, etc. Hema officials said that they would protect their rights in the future. Facing trademark squatting
Hema Fresh was founded in 2015, and its first store opened in January 2016. Its business scope includes aquaculture, catering services, food, etc. The "fresh" in Hema Xiansheng actually comes from the meaning of "delicious life".
As the number of stores across the country increases, Hema Xiansheng has a high reputation among consumers, and its trademark also has a certain commercial value, which has also prompted some people to rush to register.
In 2021, Hema Xiansheng's official Weibo post complained about the sudden addition of a bunch of relatives to the "family", including Mrs. Hema, Miss Hema, Dad Hema, etc. Hema officials said that they would protect their rights in the future.
In the face of trademark squatting, Hema commented on its Weibo: "In order to avoid unnecessary 'family disputes', the above trademarks have filed trademark objections with the Trademark Office. Dear "relatives", we have withdrawn them. If there is any infringement, we will take action. rights protection measures.”
Of course, Alibaba has made a comprehensive layout for the "Hema Fresh" trademark, covering restaurants, cafes, conference room rentals, camping facilities, nursing homes, etc. It has registered almost all categories related to the business scope of Hema Fresh , this is the basic condition for rights protection.
As the market competition becomes increasingly fierce, some manufacturers and sellers use other people's well-known trademarks to "skid around" and use trademarks that already have a certain influence to open up sales and markets for themselves. What's more, after registering trademarks, they insist on maintaining well-known trademarks. Some people filed "rights protection" lawsuits, causing many companies to suffer.
Faced with trademark squatting, many well-known companies and large enterprises have chosen to register defensive trademarks. This move not only protects the core intellectual property rights of the company, maintains the integrity of the intellectual property rights, and reduces copycat trademark squatting, but also increases space for brand management and expansion, and to a certain extent has a positive protective effect on corporate trademarks.
However, this method is not a one-time solution. my country’s trademark law has a system that may result in three consecutive years of withdrawal if not used for three consecutive years. After most companies register defensive trademarks, they often do not use these defensive trademarks at all. Therefore, defensive trademarks There are situations and risks of revocation.
Despite this, defensive trademarks are still indispensable in today's market economy! In daily operations, companies also need to do a good job in trademark monitoring. Once infringement is discovered, they must collect evidence and take the initiative to protect the legitimate rights and interests of the company's brand!
Source: Jinmingbiao
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