Enterprises still frequently encounter problems after registering trademarks Counterfeiting
Huayi Sanitary Ware is one of the five companies that have passed China's well-known trademark certification this time. The reporter learned that the company has registered "Huayi" since 1993 "We have always attached great importance to the intellectual property rights of the company. We have also set up an intellectual property department to manage trademarks. We have also appointed some third parties to help us monitor and understand whether anyone is counterfeiting our trademarks and selling them in the market." "Feng Baijin, assistant general manager of Huayi Sanitary Ware, told reporters that although the company has spent a lot of effort to protect its trademarks, the problem of unscrupulous companies counterfeiting trademarks and confusing consumers is still unavoidable. In 2012, the company discovered a company in Anhui that was counterfeiting Huayi's trademarks. Subsequently, a batch of counterfeit Huayi products also appeared in Kaiping.
"Since 2008, we started to apply for China's well-known trademarks. It took nearly six years, and the process was arduous and tortuous." Feng Baijin said that in 2008 Previously, the company's sanitary ware products were mainly exported, and the brand had not yet become popular in the country. After entering the domestic market in 2008, the initial sales data were not ideal, so the application for certification was not approved for a long time. "Trademarks represent the image and character of a company."
It is not an isolated case that the trademark has been counterfeited repeatedly. The trademark of Guangdong Caiyan Co., Ltd. It has been registered since 1986, but since then there are still many companies counterfeiting it. "Our trademark name is Caiyan + Graphics, and the approved trade name is masterbatch. One company has counterfeited the name as 'Caiyan Color'. The trade name used is 'Masterbatch', which is very close. There are also counterfeit products called 'New Color Masterbatch' and 'Xinyan Color Masterbatch'." Qiu Dehou, chairman of Guangdong Caiyan Co., Ltd., said frankly that after discovering many counterfeit companies, Caiyan Co., Ltd. began to apply for China's well-known trademarks in 2007 to strengthen trademark protection.
After the implementation of the new law, the review is no longer far away
Manager of the Trademark Department of Jiaquan Patent and Trademark Office, Deng Zhihao, a senior trademark attorney, also said in an interview that enterprises’ awareness of trademark registration has indeed improved than before. “It can be directly seen from the number of trademark applications.It can be seen that the number of trademark applications we handled in 2003 was dozens, and now there are more than 1,200 in the Jiangmen area a year, which has increased more than ten times. ”
There are many platforms that provide trademark transfer, and some even use the slogan that "transfer saves money, time and trouble than new registration." Deng Zhihao said frankly, There is some truth to this statement, “Due to the rapid growth in the number of trademark applications and registrations, it is difficult to register a trademark that does not conflict with others among the commonly used trademark names that can be thought of now. A business may have spent time and money applying for registration, only to have the application rejected. It is indeed more convenient to buy a trademark that has been successfully registered by others. But it doesn’t necessarily save money. The transfer price is generally higher than the new registration price. ”
As for the benefits brought by the new trademark law to enterprises, Ms. Yuan believes that the most beneficial thing for enterprises is that the review time is determined in the new law. "The review time of previous applications It is uncertain, and it can take more than a year at the fastest, or several years at the slowest time. The company is anxious, and we can only help with inquiries. We are also unable to communicate with the Trademark Office and cannot understand the reason for the delay in passing the review. "Ms. Yuan said that it was not sure whether the trademark would be approved for a long time. The company was embarrassed because it wanted to publicize but it was difficult to publicize it. "If we do publicity, but the trademark cannot be approved in the end, the cost of early publicity will be wasted. . ”
"The new law stipulates that if a company first uses an unregistered trademark, and then another company registers the trademark, the company that used the trademark first can still use the original trademark. Continue to use the trademark within the scope of use. Under the old law, once another company registered the trademark, the company that had previously used the trademark must immediately stop using it. The provisions of the new law give these companies a buffer time to avoid suffering huge losses. Deng Zhihao believes that this provision of the new law has also curbed the behavior of squatting to a large extent. "In the past, once a trademark was registered, it had absolute rights, and the registrant could prohibit everyone from using it. Therefore, many people used it in order to seek high profits." For a small amount of transfer fee, a trademark that is being used by others but has not yet been registered will be preemptively registered. After the new regulations are implemented, squatting may not pose a threat to the original users, and it will be difficult for squatters to obtain benefits. Therefore, the motivation for squatting will be reduced
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