Take strong measures to curb the upward trend of trademark squatting

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Take strong measures to curb the upward trend of trademark squatting 

Published :2014-03-06 Source: State Intellectual Property Office website 

Recently, the State Administration for Industry and Commerce and Industry informed the authorities investigating the year 2013 to disrupt the market competition order the case. Bulletin show that 2013 cases of cybersquatting trademark of 1826, an increase of 127.4%, of which the goods or services in association with a certain well-known registered trade mark cases the behavior of others, accounted for 40%. 

In recent years, a registered trademark cybersquatting behavior common to become insurmountable related corporate brand management on the road invisible threshold. Trademark squatting generally include the following three behaviors: First, the others are already in use, but the first to register the trademark has not been registered and used in the same or similar goods and services to others in the use of goods or services has been established consumer confidence; Second, the well-known or well-known trademarks of others on the original application for registration of the trademark in various goods and services, in order to guide consumers to their products linked to the credibility of the well-known or well-known trademarks represented; Third, the famous Name of the enterprise, the well-known artistic celebrity´s name or image of the first registered as a trademark in order to induce consumers to their products with these famous companies, celebrities or famous artistic image link. 

The nature of trademark cybersquatting behavior lies through cybersquatting, steal the fruits of labor of others. Currently, professional celebrity has even registered trademark trademark, "near the famous" trademarks and other well-known websites made a complete industrial chain. Large sites trademarks Sina, Tencent is crazy cybersquatting, trademark cybersquatting malignant behavior more and more rampant. Similarly, from GreenTree Inn, Chanel "cottage" case, to be NBA star Michael Jordan sued Chinese • Jordan sports, "smart" by businessmen who are playing the "edge ball" approach to obtain commercial interests, even Some brands have not yet had time to enter China, they will be registered. 

When the second revision of the Trademark Law to China in 2001, has to stop trademark cybersquatting have made many efforts, but in violation of the principle of good faith, malice registered trademark of the phenomenon is still prevalent. In this regard, the third revision of the Trademark Law has been improved and supplemented. After the third revision of the Trademark Law Article VII explicitly "good faith" as a fundamental principle of trademark registration and use, namely, "to apply for registration and use of trademarks should follow the principle of good faith." This provides a legal basis to stop all kinds of bad faith prior to the use of trademarks registered by someone else´s behavior. For the right person by others squatting, once found their rights have been violated cybersquatters, if registered trademark still notice period, you may apply to the State Trademark Bureau of the trademark dispute, also refuses to accept the conclusions to Trademark Review and Adjudication Board for review objections. If you already are registered trademarks were registered, but not yet over five-year period, the Trademark Review and Adjudication Board may be made directly to the trademark dispute, the well-known trademark unrestricted five-year period. 

Malicious damage to a registered trade mark has been registered by the legitimate rights and interests, has become a serious impact on corporate brand development a major factor. Therefore, as a trademark right holders to establish a "firewall", not only to prevent malicious registered trademarks and trademarks of squatting in the face of the need for full use of legal weapons more positive response: The plan should begin when branding a registered trademark , and avoid being "small hands"; application has a certain reputation in the brand well-known trademark, the trademark exclusive rights to expand the scope of, and actively monitoring the market, when it finds a trademark cybersquatting dispute as soon as possible. 

Although the number of registered trademarks of many, but compared with developed countries, still can not be called is a trademark powerhouse. In the implementation of trademark strategy, we must curb the upward trend trademark cybersquatting law. On the one hand, companies need to increase their awareness of trademark protection, trademark protection program to develop a sound, from product, service, design to corporate websites, domain names, product images, slogans, etc., and many have applied for protection of intellectual property, the overall maintenance intellectual enterprise; hand, to establish a sound and effective system of trademark protection strategy, each industry must have a sound intellectual property protection laws, especially in machinery manufacturing, IT, electronics and other industries, for high value-added, technology higher levels of products, to establish a system of conservation priorities for the implementation of trademark strategy escort. (Intellectual Property News Author Wu Xuean)