Pros and cons of software trademark protection, and how to prevent trademark infringement

1. Pay close attention to the registration of trademarks.

During the trademark application period, you must pay close attention to the trademark registration, and at the same time, you should also pay attention to the "Trademark Bulletin", and once you find that the trademark applied for registration by others is the same or similar to your own trademark, you should raise an objection or dispute in time.

According to Article 30 of the Trademark Law, any person may file an opposition to a preliminarily approved trademark within three months from the date of publication. In addition, the second paragraph of Article 41 of the Trademark Law also provides that if there is a dispute over an improperly registered trademark or a registered trademark, the trademark may also apply to the Trademark Review and Adjudication Board for a ruling within five years from the date of approval of the trademark registration.

2. Strengthen the management of trademark logos.

Many of the cases investigated and dealt with by the industrial and commercial departments have a lot to do with the registrant's poor management of trademark logos and packaging. Some trademark registrants have been stolen or lost due to poor storage; In some cases, there is no strict scrutiny of the label printing factory, carton factory, etc., and these factors are common problems that lead to the occurrence of trademark infringement cases.

In order to prevent the production and sale of counterfeit products, it is possible to design a marking material that destroys the identification of the product after the consumer consumes it, or the trademark can also be directly marked on the goods.

3. Registration of defensive trademarks and joint trademarks.

A defensive trademark refers to a well-known trademark owner who registers his trademark separately on non-similar goods in order to prevent others from using his trademark on different classes of goods, and this kind of trademark registered on non-similar goods is called a defensive trademark. China's Trademark Law does not clearly stipulate this. Enterprises can register trademarks on non-similar goods according to general trademarks, so as to prevent others from taking advantage of the reputation of their well-known trademarks.

Once the trademark is registered, the applicant can enjoy the exclusive right to use the trademark. In order to avoid infringement, it is necessary to pay attention to and do a good job in the following aspects: 1. Pay close attention to the trademark registration.

2. Frequently search for trademark information. 3. Strengthen the management of trademark logos. Article 120 of the Civil Code of the People's Republic of China: Where civil rights and interests are infringed, the infringed party has the right to request that the infringer bear tort liability.

Article 183:Where oneself is harmed by protecting the civil rights and interests of others, the infringer bears civil liability, and the beneficiary may give appropriate compensation. Where there is no infringer, the infringer has escaped, or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation. Article 1167:Where the tortious conduct endangers the safety of others' persons or property, the infringed party has the right to request that the infringer bear tortious liability such as stopping the infringement, removing obstacles, or eliminating dangers.

Article 1168:Where two or more persons jointly commit tortious acts, causing harm to others, they shall bear joint and several liability.