release time:2022/6/3
In recent years, the problem that Chinese enterprises' trademarks are frequently registered overseas has become increasingly prominent.
"Foreign trademark systems, rights protection rules and environmental protection are different from those in China. As a result, enterprises feel at a loss and do not know how to deal with them after encountering overseas trademark registration." On the recent event on how to deal with overseas trademark registration, xueyoufei, a lawyer of Chaofan intellectual property services Co., Ltd. and the professional manager of international trademarks, said that domestic enterprises need to be familiar with the strategies for dealing with overseas trademark disputes and master the weapons to fight against international trademark registration, so that enterprises can deal with relevant problems more calmly.
"Enterprises can also monitor the official trademark announcements of nearly 200 countries / regions around the world to know whether others have registered the same or similar trademarks. Once they find the trademark announcements of others that are the same or similar to the enterprise's trademarks, enterprises can timely know and raise objections. It is worth noting that the trademark registration systems in some countries and regions are quite different from those we usually know. For example, the European Union and most European countries Do not review the relative reasons - even if there are identical or highly similar prior trademarks, the examiner will not take the initiative to reject the application of the subsequent trademark based on the prior trademark. " Xueyoufei said that due to the huge number of trademark applications in various countries around the world, it is impossible for domestic enterprises to spend a lot of time reading trademark announcements in various countries. Even if they consult relevant materials, there are problems in timeliness, accuracy and language, which is very likely to cause enterprises to miss the time limit for raising objections, which may significantly increase the time and money costs of protecting their rights. To avoid this situation, enterprises can entrust professional institutions to conduct global trademark monitoring.
"At the same time, enterprises may also consider issuing incentive policies. For dealers who take the initiative to report trademark infringement products or consumers who report complaints about trademark infringement products, after verification and confirmation, they may give discounts to dealers' later purchase and consumers' later purchase, so as to improve the enthusiasm of dealers and consumers." Xueyoufei said.
The rush registration of trademarks may bring adverse consequences to enterprises, such as sharp reduction of orders, encroachment of share, and even withdrawal from the market.
Ren Yuxiao, trademark agent of the patent and Trademark Office of the China Council for the promotion of international trade, said that in the process of trademark application, most countries have a third-party objection procedure. If the obligee finds the rush to register, it shall timely communicate with a professional trademark lawyer and entrust an agency in the target country to raise an objection. For registered trademarks, there are generally invalid systems and non use cancellation systems. In some countries, trademark invalidation and revocation cases are tried by the intellectual property authorities, while in some countries they are tried by the courts. The applicant shall submit corresponding documents in accordance with the provisions of the target country. In addition, legal documents such as lawyer's letters and warning letters can also be sent to the registration party, and an announcement can be published in the local newspaper to declare the enterprise's right to the trademark, so as to exert pressure on the registration party and create conditions for safeguarding its rights in the future.
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