Remember to protect your brand in a timely manner

A trademark provides legal protection to the trademark registrant by ensuring that the trademark registrant has the exclusive right to identify goods or services, or to license others to use them for remuneration. Therefore, a trademark is a distinctive sign that is different from signs that are narrative and publicly known, and also different from signs of other people's goods or services, thereby making it easier for consumers to identify.

The trademark protection period is ten years from the date of the trademark registration announcement. However, after the expiration, additional fees need to be paid to renew the trademark for any number of times. Renewal must be processed within the specified renewal period. Trademark protection is generally carried out by the local industrial and commercial bureau in cooperation with the investigation. If negotiation fails, it is implemented by the court. In most systems, the court has the power to stop trademark infringement. Broadly speaking, trademarks promote a positive and enterprising spirit around the world by rewarding their registrants with recognition and economic benefits. Trademark protection also prevents unscrupulous competitors, such as counterfeiters, from using similar distinctive marks to promote inferior or different products or services. This system enables skilled and enterprising people to produce and sell goods and services under the fairest possible conditions, thus promoting the development of international trade.

Using a registered trademark without the trademark transfer or trademark permission from the trademark registrant will be prohibited by law. The following cases are listed below for you:

Shangri-La Trademark Infringement Case

In 1994, ** Lila International Kong *cheng, general manager of Hotel Management Co., Ltd. (hereinafter referred to as **Lira Company), complained to the State Administration for Industry and Commerce, reflecting that Erqing Liansheng Industrial Company in Dongguan City, Guangdong Province opened a hotel that opened on December 27, 1992 On the same day, the corporate name of Dongguan City ** Lila Hotel was registered and has been completed and opened for business. His behavior infringed on the exclusive right of Shangri-La registered trademark of ** Lila Company.

** Lila Company enjoys the exclusive right to use the Shangri-La trademark, but the parties involved in this case will be involved in hotel service operations. ** Lila Company is subject to the "Trademark Law" Protected registered trademarks are approved for use on goods. Therefore, even if **Lila Company does not have the exclusive right to use the service trademark, it can still be pursued for trademark infringement. At the same time, my country joined the Paris Convention for the Protection of Industrial Property in 1985 and assumed the international obligation to protect well-known trademarks. In fulfilling its obligations under the international conventions to which my country has acceded, the scope of protection of Shangri-La's exclusive rights to goods and services trademarks has been expanded, which has laid the foundation for local industrial and commercial administrative agencies to protect the exclusive rights to registered trademarks in corporate names.

Moutai trademark infringement case

Ma Shengkuan was transporting counterfeit Wuliangye and Moutai liquor internal and external packaging, bottle caps, wine stickers and trademark logos While waiting for items, they were seized by the Tongzhou District Administration for Industry and Commerce in Beijing.

Maotai and Wuliangye are well-known trademarks used on alcoholic beverages in my country. It is undoubtedly an infringement for others to manufacture and sell products with the Maotai and Wuliangye trademarks without authorization. Infringement of the trademark exclusive rights of the owner of a well-known trademark can still be deemed to be intentional infringement even if the perpetrator denies intentionality. The perpetrator in this case knew that others were making and selling counterfeit goods, but in order to make profits, he still provided conveniences for the infringers. His subjective intention was obvious. In addition, the perpetrator provided conveniences to others eight times. Therefore, the industrial and commercial authorities decided according to the Trademark Article 43, paragraph 2, of the Implementing Rules of the Law shall impose severe penalties on the perpetrators.

Infringement case of Kodak's registered trademark

January 20, 1992, China ** Affairs The represented company, Eastman Ko-Dak Company of the United States, filed a complaint with the Industrial and Commercial Administration Bureau of Shishi City, Fujian Province, requesting that Shishi Medical Equipment Co., Ltd. infringe its exclusive rights to the registered trademark of Ko-Dak. The Shishi City Industrial and Commercial Bureau immediately inspected the goods on the same day and ordered the Shishi City ** Equipment Co., Ltd. to process the finished product of the counterfeit Ko-Dak trademark color film.

This case involves the issue of whether corporate legal persons should bear civil liability for personal business activities. Article 43 of my country's "General Principles of Civil Law" stipulates: An enterprise legal person shall bear civil liability for the business activities of its legal representative and other staff. At the same time, Shishi ** Equipment Co., Ltd., one of the parties to this case, illegally processed goods that counterfeited the registered trademarks of others, which was an act covered by Article 38 (1) of the Trademark Law and constituted an infringement of the exclusive right to use a registered trademark. Behavior. The industrial and commercial authorities punished the parties in accordance with the Trademark Law, the Implementing Rules of the Trademark Law, and the Measures for the Administration of Trademark Printing, with accurate characterization and appropriate application of the law.

The above cases have sounded a wake-up call to enterprises, and they should start paying attention to trademark registration protection and trademark trading. At the same time, the emergence of trading platforms for trademark sales has increased the reputation value of corporate brands. By promoting technological advancement, improving business management, and improving product quality, trademark owners have made their trademarks widely known and given them higher credibility. All undifferentiated human labor that fully meets consumer needs.

Experts point out that the emergence of trademark trading not only brings companies the ability to quickly own brands and achieve high profits, but alsoIt also brings consumers a reliable guarantee for trademark sales. Whether selling or buying trademarks, it is beneficial to both parties. Achieving a win-win situation is the real purpose of trademark sales, and promotes each industry to shift from focusing solely on product production to product branding. ization process.