IP Analysis Process! Urgent!!! Seek the master

The application shall include the following main contents:

1) The name or surname, place of registration or nationality of the intellectual property rights holder;

2) the name, content and related information of the intellectual property rights;

3) the names of the consignee and consignor of the goods suspected of infringing;

4) The name and specifications of the goods suspected of infringing;

5) The port, time, means of transport, etc., where the suspected infringing goods may enter or leave the country.

If the confiscated goods infringing intellectual property rights can be used for public welfare undertakings, the Customs shall transfer them to the relevant public welfare institutions for use in social public welfare undertakings; If the owner of the intellectual property rights is willing to acquire the intellectual property rights, the Customs may transfer the intellectual property rights to the owners of the intellectual property rights for compensation. If the confiscated goods infringing intellectual property rights cannot be used for public welfare undertakings and the intellectual property rights holder has no intention of acquiring them, the customs may auction them in accordance with the law after eliminating the infringing characteristics, but for imported goods with counterfeit trademarks, except in special circumstances, they cannot be allowed to enter the commercial channel by simply removing the trademark mark on the goods; If the infringing features cannot be eliminated, the Customs shall destroy them.

The main reason is that the trademark has not been registered in China, and the second is that the infringed trademark has been filed with the customs.

Uh: That's a lot of questions.

According to Article 13 of the current Trademark Law.

If the trademark applied for registration in respect of the same or similar goods is a copy, imitation or translation of a well-known trademark of another person that is not registered in China, which is likely to cause confusion, it shall not be registered and its use shall be prohibited.

If a trademark applied for registration for non-identical or dissimilar goods is a copy, imitation or translation of a well-known trademark already registered in China by another person, misleading the public and causing possible damage to the interests of the registrant of the well-known trademark, it shall not be registered and its use shall be prohibited. ”

Therefore, the scope of protection of well-known trademarks under China's current law is very wide, and 45 categories are protected. In this way, most of the problems in the first case are solved, if Baotou Snow Deer Beer is indeed a well-known trademark in China, then Hainan people from the drunken liquor industry **** and Shanghai Snow Flying Ski Goods **** respectively to the State Trademark Office to the "Snow Deer" trademark is not able to pass the substantive examination, because the current trademark examination is artificial, the staff of the TRAB may cause the trademark applied by these two companies to pass the substantive examination due to negligence, of course, this probability is no less than a plane crash, If this happens, Baotou Snow Deer Beer can file an opposition during the publication period of its trademark, so that the trademark of the two companies will be invalidated if it is re-examined by the TRAB. Another situation is that Baotou Snow Deer Beer missed the announcement period, resulting in the successful registration of the trademarks of the above two companies, and then as long as Baotou Snow Deer Beer issues its China well-known trademark certificate, it is very sure to win the lawsuit.

Taking a step back, if Baotou's Snow Deer is not a well-known trademark, then Baotou Snow Deer Beer can also file an application with the State Administration for Industry and Commerce for recognition of China's well-known trademark through a trademark dispute with the above two companies.

In the first case, I will explain here vaguely, in short, if it is a well-known trademark, there is no problem, if it is not a well-known trademark, it can also be recognized through dispute litigation, and if the determination is successful, the trademarks of the above two companies will be invalidated. Let's move on to the second case, which is very interesting, and the current approach to solving it in our country is also very interesting.

Theoretically speaking, for the registration of a trademark of the same type of mark, the trademark that receives the application materials in advance can be registered, and the trademark received later will not be registered. However, if the materials are received on the same day, the Trademark Office will not be in chronological order, in this case, the Trademark Office will ask both parties to propose the use of the earliest certificate, who has been using it for a long time can come down, if both parties have not used it, then the Trademark Office will use a very interesting way to decide who can be approved for registration --- draw lots. In addition, if the trademark is already well-known abroad, it may not be registered, and if the foreign enterprise cannot issue its well-known certificate, it depends on the court's judgment.

There are too many uncertainties in this, but as long as the trademark has a certain degree of popularity in China, then the possibility of winning the lawsuit is still very high.

1. Industrial property rights. Patents, trademarks, and industrial designs constitute industrial property rights.

2. Copyright: In China, when copyright is used in a broad sense, it includes copyright (in a narrow sense), neighboring rights, computer software copyrights, etc., which belong to the scope of the Copyright Law.

How to find a reliable Shenzhen trademark registration agency?

1. Check whether the ** organization is legitimate. Legal trademark institutions have been filed with the Trademark Office of the State Administration for Industry and Commerce of the People's Republic of China, and have been granted legal trademark qualifications.

4. Carefully choose a trademark agency with too low a fee. Carefully select the best institutions that promise 100% successful registration. Trademark experts can only improve the success rate of trademark registration as much as possible through professional analysis, and cannot guarantee 100% of its successful registration.

5. Try to entrust the first institution that was established early and has a large number of registrations, and TiMi may be your choice. Because these institutions have high credibility, strong security, and reasonable fees, they can better protect the legitimate rights and interests of applicants.

What do you want to do? IP work? Or do you need service?

1) and 3) A's conduct infringes on Company B's trade secrets. This is because, according to the relevant provisions of the Anti-Unfair Competition Law, disclosing, using or allowing others to use trade secrets in violation of regulations or agreements is one of the circumstances of infringement of trade secrets. In this case, there was a confidentiality agreement between A and Company B, so confidentiality was a contractual obligation of A.

After Mr. A left the company, he continued to develop this product in Company C, which violated the confidentiality agreement. A's defense is not established, because the practicability of trade secrets means that they can bring economic benefits to the right holder, not that they have been put into operation or have obtained benefits, and as long as they are "able" to bring economic benefits to the right holder, they are practical. The unformed defence is not established.

The defence of not taking away any technical and envious information is obviously untenable. 2) According to the Anti-Unfair Competition Law, the last circumstance of infringement of trade secrets is that a third party uses the trade secrets of others knowing that the other party has obtained the trade secrets of others in the above-mentioned illegal manner.

It is an infringement of trade secrets. Therefore, to determine whether Company C infringed on Company B's trade secrets, it is necessary to rely on whether Company C knew that A had obtained Company B's trade secrets in violation of the confidentiality agreement.

As performers, singers enjoy performers' rights, that is, the right to license others to make audio and video recordings, to allow others to reproduce and distribute audio and video recordings of their performances, and to receive remuneration (see Article 37 of the Copyright Law for details). C violated singer A's rights by recording and making the song on CD without permission and subsequently distributing it.

As the creator, the songwriter has the right to reproduce, distribute, and perform the song. C infringed the songwriter's right of reproduction and distribution by recording and making it into a CD on the spot without permission and subsequently distributing it.

In the case of B, if there is evidence that it was put into production before the filing date of A, the product can be produced within the original scale. If it has been disclosed before the filing date, a utility model can be declared invalid.