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Trademark knowledge - What if the trademark is registered abroad?
Release Time：
2022-11-14
In recent years, with the awakening of people's awareness of brand protection, more enterprises and individuals pay attention to the registration and protection of trademarks. However, with the improvement of the importance and value of trademarks, malicious trademark registration incidents emerge one after another, which seriously affects the development of intellectual property protection in our country, and also brings huge troubles to the enterprises and individuals involved. Once the trademark is registered overseas, Chinese enterprises usually adopt three solutions: 1, investment purchase
Case：
A pastry of a domestic food company, loved by the people in the country, after years of publicity and operation, in the country has had a greater visibility, after the company expanded operations, ready to enter the overseas market, but in foreign trademark application, found that his trademark has been registered in the name of foreign businessmen in the name of personal application abroad.
Such squatting trademark behavior may lead to the company in the export of goods, the customs is considered to be "counterfeit" goods, in the inspection process encountered more difficulties, if the enterprise wants to get back the trademark rights, may need to carry out more difficult negotiations, and even need to spend more energy and huge money, which is a huge loss for the enterprise.
Trademark is not only a sign of goods and services, it is related to the special economic interests of enterprises and even the legitimate rights and interests of customers, all countries attach great importance to the maintenance of trademark rights.
For enterprises, due to the strict regionalism of trademark rights, if they want to sell their products or services to multiple countries, they must have their trademarks legally maintained in multiple countries. Enterprises should pay attention to the world trademark registration announcement and the request trademark announcement of specific countries in advance, and objections or lawsuits should be filed in time if they find that the trademark is stolen.
In recent years, with the awakening of people's awareness of brand protection, more enterprises and individuals pay attention to the registration and protection of trademarks. However, with the improvement of the importance and value of trademarks, malicious trademark registration incidents emerge one after another, which seriously affects the development of intellectual property protection in our country, and also brings huge troubles to the enterprises and individuals involved.
Once a trademark is registered overseas, Chinese companies usually adopt three solutions:
1. Purchase by investment
Most of the squatters are for profit, the trademarks registered are generally well-known domestic brands, the higher the popularity of the trademark, the conditions put forward by the other party are often harsher, asking for a huge "ransom" or proxy requirements, in fact, no matter what conditions put forward by the squatters, will cause huge losses to Chinese enterprises and their well-known brands.
2. Abandon the market
In the face of trademark registration, some enterprises can only choose to give up overseas markets, which is undoubtedly a huge loss for enterprises.
3. Resolutely safeguard rights
In the face of overseas squatting, some enterprises resolutely defend their rights and strive to regain their trademarks through all legal and administrative means. This is the most positive attitude towards overseas squatting, but it is also a time-consuming and costly protracted battle.
Therefore, in order to avoid enterprise trademarks being registered abroad, we should enhance the awareness of trademark protection, timely carry out overseas trademark registration layout, and strengthen trademark and market monitoring. Once it encounters overseas trademark disputes, it should take reasonable measures to actively respond in a timely manner and effectively safeguard its legitimate rights and interests. (Source: Gold name label)
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