What are the issues with trademark protection
1. The different principles of trademark acquisition in the laws of various countries make squatting a May
Due to historical and other reasons, trademark rights in various countries The principles of acquisition are different. Some are acquired through use, some are acquired through registration, and some are acquired through use and registration in parallel. It can be seen from the history of the trademark system that the earliest trademark protection was based on the reputation of the trademark, and the reputation of the trademark was established through its use. Later American case law and French case theory in the 19th century held that the use of a trademark is a prerequisite for obtaining trademark rights.
The principle of use refers to the exclusive use of a certain trademark The right to use the trademark belongs to the first user of the trademark. The registration principle uses the first application for registration as the basis for determining the ownership of trademark rights. Only registered trademarks are protected by trademark rights. At present, the trademark legislation of most countries and regions, including China, stipulates the principle that trademark rights are obtained through registration. In addition, the practices of some countries have shown that the registration principles and usage principles for trademark protection can coexist in a country's legal system. It is precisely because of these different characteristics of trademark acquisition principles in various countries that it is possible for trademarks to be preemptively registered in different countries. For example: Country A adopts the use principle when acquiring a trademark, while Country B adopts the registration principle. The trademark owner in Country A may not have the awareness to register, which may lead to country A's trademark being preemptively registered in country B. Even if both countries C and B adopt the registration principle, if companies in country C lack awareness of trademark protection, their trademarks may also be registered in country B.
2. Most Chinese companies are international He has a poor concept of the big market and a weak awareness of trademark protection. He neglects to protect his carefully managed brand and gives others an opportunity.
These Chinese companies that have been working hard to cultivate their own brands never thought that someone would covet their trademarks in foreign markets. When they When I finally mustered up the courage to "go out", I was surprised to find that the brand I had worked so hard to create already belonged to someone else.
It is precisely because domestic enterprises have weak awareness of trademark protection and ignore the international registration of trademarks that some excellent brands established after decades or even hundreds of years of hard work have been Being registered first by foreign companies and taking them as their own has made it difficult for Chinese companies to enter the international market, and their original market share has also been eroded little by little. This is a painful lesson for Chinese companies in the process of developing international markets.
3. The most important thing is that we are not good at using legal weapons to protect our own rights and interests , which resulted in not only no defense in advance, but also no remedy afterwards, and the losses were naturally heavy
The trademark registration protection system grants the trademark owner the exclusive right to use the trademark applied for registration to mark its goods or services (to distinguish them from the goods or services provided by others), or to license others for a fee. Use to realize the economic interests of the trademark owner. Since the Napoleonic Civil Code promulgated by France in 1804, it was affirmed for the first time that trademark rights should be protected equally with other property rights. By the beginning of this century, most countries had confirmed it in the form of legislation The exclusive right to trademark is a kind of industrial property, and the relevant systems are becoming more and more complete. In 1883, Belgium, Spain and other countries initiated the "Protection of Industrial Property" in Paris.Paris Convention for the Protection of Industrial Property. On April 14, 1891, on the basis of the Paris Convention for the Protection of Industrial Property, the Madrid Agreement for the International Registration of Trademarks (referred to as the "Madrid Agreement") was concluded. In 1973, the "Trademark Registration Treaty" was signed. GATT The Uruguay Round Negotiations concluded with the signing of the Agreement on Trade-Related Aspects of Intellectual Property Rights in 1994, and the international protection of trademarks entered a new stage of historical development. This is an objective requirement for the development of international trade and an inevitable manifestation of global economic integration.
In the context of the ever-accelerating process of economic globalization , the creation, possession and application of knowledge resources have become key factors for countries to gain competitive advantages and enhance comprehensive national strength. However, due to a lack of understanding of the relevant regulations on international intellectual property protection, Chinese companies have encountered many difficulties in international trade. Some companies have even had conflicts with local law enforcement officials due to improper handling of intellectual property issues, resulting in serious consequences. This requires Chinese enterprises to carefully study international practices and master the competition rules of the international market, so that they can become winners in fierce international competition.
The editor’s summary ends here, if you If you have more questions in this regard, you are welcome to consult the Legal Savior Network. The Legal Savior Network provides professional legal consulting services, and a professional team of lawyers will answer your questions.
No comments yet. Say something...