What are the precautions for trademark protection?

Market supervision and public security organs in more than 10 provinces and cities across the country work together.

Successfully smashed an "Internet + national chain maintenance" infringement platform, and criminally detained 31 criminal suspects.

The preliminary investigation has involved a total of $300 million since 2017.

1) The protection of the exclusive right to use a registered trademark of an enterprise is limited to the trademark approved for registration and the goods approved for use, and any form of self-change is not protected by law.

2) Enterprises should pay close attention to the release of authoritative information such as China Trademark Network, and file trademark opposition or dispute applications within the statutory time limit for trademarks that are suspected of conflicting with the prior rights of the enterprise.

3) Enterprises should make full use of sales outlets as trademark rights protection positions, take the initiative to train relevant sales personnel, strengthen inspections of the surrounding markets through sales personnel, discover infringement clues in a timely manner, and improve the effectiveness of rights protection.

4) When an enterprise discovers that another person is suspected of infringing its exclusive right to use a registered trademark, it shall formulate and take countermeasures in a timely manner, collect and fix the evidence in a notarized manner.

5) Cases of suspected infringement that have been preliminarily verified shall be handled by means such as negotiating with the infringing party, filing a complaint with the administrative department for industry and commerce, filing a lawsuit with the people's court, or reporting to the public security department according to the severity of the circumstances.

6) When an enterprise requests the administrative department for industry and commerce to handle it, it shall file a complaint with the administrative department for industry and commerce at or above the county level (including the county level) where the illegal act occurred.

7) Enterprises may, according to their actual needs, apply to the General Administration of Customs for the filing of trademark intellectual property rights to strengthen the protection of trademarks in the import and export links.

8) Enterprises may expand the scope of trademark protection and enhance the intensity of trademark protection by applying for recognition of Zheng Quan's well-known trademark. There are two ways to identify well-known trademarks: administrative and judicial.

9) Enterprises should implement risk control, establish an early warning mechanism for the exclusive right to use trademarks according to the characteristics of the enterprise, and formulate a plan to deal with disputes over the exclusive right to use trademarks.

10) Enterprises may rely on the legal advantages of intermediary organizations such as law firms, trademark agencies, or relevant industry associations to integrate resources and enhance the effectiveness of protection.

The main types of trademark protection measures are as follows:

1. Negotiate and settle.

The trademark registrant may negotiate and settle the relevant trademark matters with the other party on its own or by entrusting the other party;

2. Filing a lawsuit with the people's court.

If the trademark registrant or interested party is unwilling to negotiate or fails to negotiate, it may file a lawsuit with the people's court; If the trademark registrant or interested party has evidence to prove that another person is committing or is about to commit an act infringing on the exclusive right to use a registered trademark, and if it is not stopped in a timely manner, it will cause irreparable damage to its legitimate rights and interests, it may apply to the people's court to take measures to order the cessation of the relevant act and property preservation before filing a lawsuit.

3. Request the administrative department for industry and commerce to deal with it.

4. Report to the public security organs.

Where there is evidence showing that the infringer is suspected of constituting a crime, report the clues of the suspected crime that have already been obtained to the public security organ in the jurisdictional area. In cases where the investigation by the public security department has been completed and the procuratorate has already accepted and initiated a public prosecution, a civil lawsuit attached to the criminal case may be submitted to the people's court accepting the case at the same time.

5. Apply to the customs for the record of intellectual property protection.

If the trademark registrant and its ** person find that the suspected infringing goods are about to enter or leave the country after applying to the customs for the protection of intellectual property rights, they may apply to the customs at the place where the batch of goods are imported or exported to take protective measures.

1. How to protect the trademark during the application registration period?

Article 13 of the Patent Law of the People's Republic of China stipulates that after the publication of an application for a patent for invention, the applicant may require the unit or individual that implements the invention to pay appropriate fees. At this time, the applicant did not obtain the patent right, but the law gave him the right to receive remuneration.

Article 39 of the Patent Law also mentions that if no reason for rejection is found in the substantive examination of an application for a patent for invention, the patent administration department shall make a decision to grant a patent for invention, issue a certificate of invention patent, register and announce it at the same time, and the patent for invention shall take effect from the date of announcement.

Article 40 of the Patent Law stipulates that the term of a patent right for invention shall be 20 years, and the term of a patent right for utility model and design right shall be 10 years, both of which shall be calculated from the filing date. At the same time, we can see from the Patent Law that although the publication date of a patent is after the filing date, the term of the patent right is calculated from the filing date, that is, the effect of the patent right is retroactive to the filing date.

1. Plan the layout of the enterprise trademark in advance and register the trademark in time Plan the layout of the enterprise trademark in advance and register it as soon as possible, in addition to the layout in the corresponding category of the core product, it is also necessary to take into account the long-term development of the enterprise and register it in the extended category of the product as soon as possible to prevent others from preemptively registering. 2. Do a good job in trademark monitoring After registering a trademark, an enterprise needs to apply for trademark renewal for the trademark that is about to expire in a timely manner, and be vigilant against malicious squatting. Therefore, it is necessary to review the renewal period of the trademark in a timely manner and take precautions in time.

3. Legal measures should be taken to solve the infringement as soon as possible If the infringement is not resolved in time, the infringing trademark may become a legal trademark coexisting with the original trademark in the long-term use, which will cause inevitable losses and damage to the original trademark owner Only when the exclusive right to use trademark registration is correctly used and effectively protected, can it become a sharp and profitable enterprise to open up the market, participate in competition, develop production and improve efficiency, and the protection of the exclusive right to register a trademark is to protect the productivity of the enterprise.

Legal Analysis: Measures to Protect Trademarks: 1. Use the trademark after registration.

2. Choose a trademark with a unique design. 3. Choose a trademark that consumers like. 4. Register anti-counterfeiting trademarks.

5. International trademark registration. 6. The unified trademark and the enterprise name are the same. 7. Highlight the publicity trademark.

Legal basis: Article 56 of the Trademark Law of the People's Republic of China.

The exclusive right to use a registered trademark is limited to the trademark approved for registration and the goods approved for use.