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Register and operate trademarks across all categories to prevent infringement

Registration and operation of all trademark categories to prevent infringement. Recently, a netizen "Ms. Ouyang" consulted:I opened a food processing and production company and registered a trademark,Some of my clients’ feedback some time ago,There is a website whose domain name is consistent with our company’s registered trademark.,And the items it sells online are also food-related.,So that they mistakenly thought that our company opened。Excuse me,this situation,Can my company sue the other party?

The lawyer from the law firm replied::The civil rights and interests requested to be protected are legal and valid;The domain name is identical or similar to the registered trademark,Sufficient to cause misunderstanding among the relevant public;The person who registers the domain name has no rights to the domain name,No registration either、A legitimate reason to use the domain name;and the registration of the domain name、Use with malicious intent。Only if the above three conditions are met,before you can file a lawsuit in court,and received support from the court。

in addition,For this situation,The editor suggests that multi-category registered trademark protection can be carried out,Try to register your trademark in all categories,That is, register in each category of the product classification table。Full class registration has the following benefits:First, it can prevent others from entering the industry that they may enter in the future.、Registered trademark on goods。

When a company registers a trademark,Often, they will choose the type of goods they are currently producing or the type of goods they plan to produce to register.,But as the company develops,May deviate from the expected development direction,The scope of production and operations will expand to industries or commodities that were not previously planned.,At this time, you may find that the trademark you have used for many years has been registered by others in this field.,so,It’s important to plan ahead。

Second, it can prevent others from doing things in nature、Registering a trademark on a product category with conflicting uses。Symbols have a conductive function,For example, "Master Kong" is the trademark of instant noodles.,If someone else registers the "Master Kong" trademark on sanitary ware, will it have a negative impact on "Master Kong" instant noodles? The trademark of a wedding photo studio was also registered in the funeral industry.,Will there be any taboos for newcomers?

but,Generally speaking, trademark owners cannot prevent others from registering trademarks on other categories of goods.,This is what the trademark owner does not want to see.。so,Full class registration is the best way,can prevent this phenomenon from occurring。

certainly,The cost of registration for all categories is relatively high,And in order to prevent the phenomenon of not using it,Trademark Law stipulates that there has been no actual use for more than three years.,Others can apply to cancel the registered trademark,This is also a risk that needs to be considered and prepared with response plans。But anyway,Registering in all categories will earn you at least three years,For the ever-changing market,Three years is also very precious. Finally, companies should strive to make their trademarks well-known.。

Trademarks through long-term use,Maintain product quality,Improve goodwill,Finally, an ordinary trademark can become a well-known trademark,This is the ultimate way for enterprises to protect their trademarks across categories。According to the provisions of our country’s laws,Even if the logo of a well-known trademark is used in different product categories,If it is easy to cause confusion,Registration will also be refused and use will be stopped.。

If a trademark has become a well-known trademark,Such as Coca-Cola,Then the necessity for full class registration will be greatly reduced.。but,Most trademarks are on their way to becoming well-known trademarks,In this case, how to create a well-known trademark and provide cross-class protection at the same time? In addition to careful selection of trademarks,In addition to registering a full class or registering a joint trademark,Companies should also try not to change their trademarks,Maintain product quality,and conduct ongoing publicity。

After establishing a certain amount of goodwill,,You also need to register to fight counterfeiting and protect your rights.。Because counterfeit goods not only eat into corporate profits,What's more serious is that it will damage the goodwill and value of the brand。The above is an introduction to "registration and operation of all trademark categories to prevent infringement"。

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