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What if a foreign trademark is registered locally? Give up registration or insist on rights protection?

Release Time：

2022-08-19

With the rapid development of economy and the fierce market competition, the important position of intellectual property rights is self-evident. As we all know, natural persons, legal persons or other organizations, in the course of production and business activities, need to obtain the right to exclusive use of trademarks for their goods or services, shall apply to the Trademark Office for trademark registration.

However, in our daily life, there are many cases of squatting other people's well-known trademarks. How can we solve this problem when it happens?

According to the provisions of the Trademark Law: where, within three months from the date of the publication of a trademark after preliminary examination and approval, the prior right holder or interested party considers that the relevant provisions of this Law have been violated, it may file an objection with the Trademark Office. Where there is no objection after the expiration of the period of public announcement, the registration shall be approved, the trademark registration certificate shall be issued, and the trademark shall be published.

The following cases are used to specify the specific situation of trademark opposition applications.

American companies suffer in our country

Previously, the objector Nurse Jamie Company objected to the objecting trademark "".

The objector Nurse Jamie Company is located in California, USA, and its main business focuses on makeup, beauty, freckle removal, wrinkle removal, acupuncture, spa and other cosmetic care projects. Its main business is located in the United States, and it only applies for registration of relevant trademarks in the United States, without applying for registration of relevant trademarks in the domestic trademark Office. The opponent, Wuhu Tuoyi Trading Co., Ltd. took advantage of the opposition's unregistered situation to apply for trademark registration. The objector shall apply for an objection after finding the relevant illegal registration situation.

(Photo credit/Trademark Office)

Active dissent, and the final victory

First of all, Article 32 is used to show that the opposing party damages the prior trademark right of the opposing party. The opposing party's trade name "Nurse Jamie Inc" is the same as the opposing trademark. Since the establishment of the Opposing party, the Opposing party has been using "nurse jamie" as the business name as the main logo of the enterprise. The date of application for business license is earlier than the date of application for the opposed trademark.

(Photo credit/Business License)

The brand has a certain popularity among the relevant public at home and abroad, and the dissenters have invested a lot of publicity expenses in the United States, and dozens of international well-known stars, social celebrities, Internet celebrities, etc., have displayed and promoted the brand on their social media or public occasions.

According to the evidence provided by the objector, its trademark "nurse jamie" also has a large number of production and sales records in China, and all of them were before the date of application of the objecting trademark. Moreover, the objector also extensively used "nurse jamie" on the domestic social APP Weibo. As early as October 12, 2016, it has been verified in real name on Weibo, and the application date is before the application date of the disputed trademark. It has published a total of 600+ Weibo contents and has 10,166 fans.

Therefore, before the application date of the opposed trademark, the name used by the opponent has a certain degree of visibility and influence.

The opposition applies for the registration of the opposed trademark under the premise that the opponent is well-known, which completely constitutes bad faith. "nurse jamie" is not a fixed match, but is created by the dissenter, with high originality, and the possibility of others' goodwill coincidence is extremely low.

Secondly, the respondent maliciously hoarded trademarks, occupied public resources and damaged public interests. After inquiry, the respondent registered a large number of trademarks related to foreign famous trademarks, and its application for registration exceeded the normal operation and use needs, obviously lacked the intention of use, and had the purpose of seeking improper interests. This act seriously disturbs the order of trademark registration, damages public interests, improperly occupies public resources,It constitutes the situation of "obtaining registration by improper means" as stipulated in the first paragraph of Article 44 of the Trademark Law.

(Photo source/Malicious related data collation)

In the end, the opposed trademark was approved and not registered, and the opponent maintained his legitimate rights and interests.

(Photo credit/Objection success file)

To sum up, the trademark is registered do not sit idly by, retain the relevant evidence of use, explain the relevant situation, entrust a professional agency to conduct a comprehensive analysis, and file an objection application to the Trademark Office, so as to safeguard their own rights and interests and redeem their own use of the trademark!

Source: Standard Commune

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