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In 2003, Shenyang Shuangyi Lighting Appliance Co., Ltd. (hereinafter referred to as Shuangyi Company) filed an application for registration of the Samsung trademark on the 11th class of lamps, incandescent lamps and other commodities. During the legal opposition period, Samsung Electronics Co., Ltd. (hereinafter referred to as Samsung) filed an opposition application but was not supported by the Trademark Office. Samsung subsequently applied to the Trademark Review and Adjudication Board for review. After the trial of the Trademark Review and Adjudication Board, it was concluded that the Samsung trademark applied by Shuangyi Company and the SAMSUNG trademark registered by Samsung Company constituted the same or similar products. The Samsung trademark was not approved for registration, and the case entered the administrative litigation stage. In 2013, after the first and second trials, the Beijing Higher People's Court made a final judgment. The Samsung trademark can be approved and registered according to law. Shuangyi Company successfully stole the trademark of Samsung Company and can legally use it on the lamps.
Trademarks are no longer simple commodity names. Instead, they are gold mines with great commercial value. What are the implications for the company behind the various trademark wars?
The author believes that: legally speaking, stealing trademarks is understandable. However, from a moral point of view, the act of stealing trademarks is not positive, at least, should not be encouraged. Hong Yingming's "Cai Gen Tan" mentioned: the heart of the victim can not be, the heart of the defense is indispensable. In a highly competitive market environment, companies must build their own trademark defense front to prevent others from stealing your trademark.
First, the soldiers and horses have not moved, the trademark first. Enterprises need to establish a long-term planning consciousness in their minds, register their own brands from the beginning and use them in the long run. In practice, many small and medium-sized enterprises do not have any long-term planning for trademarks. If there is a problem, they should seek help from an agency or a lawyer. The price paid at this time is dozens or even hundreds of times of preventive protection.
Second, entrust a professional agency. Let professional people do professional things is a basic principle of professional division of labor in modern society. There are division of labor and cooperation, so that people with various professional skills can do good things. Trademark strategic planning is a long-term and continuous work. It is especially important for a company to choose a professional agency. Professional agency companies can tailor a solution to meet the actual needs of enterprises, and protect the development of the company. Go to unnecessary trademark issues and obstacles.
Third, establish a system and manage personnel. I have been exposed to a number of foreign companies, all of which have a common feature: all intangible assets, including trademark registration certificates, are managed by the core department, and these certificates are rarely seen by Chinese people. Certificates must be applied through a rigorous process, and the power to approve is usually in the hands of foreign investors. Most domestic enterprises still have huge management gaps in this respect. Many company executives know how many real estates, cars and deposits they have, but they don't know where the trademark certificates that bring him wealth are placed. Therefore, the establishment of a comprehensive trademark protection system is an indispensable part of the work of improving the strategic planning of trademarks. Jiuzheng Building Materials Network analysis: trademark warfare often hides huge commercial value. If enterprises can do a good job in trademark strategic planning, they can not only prevent others from coming to steal trademarks, but also can take the initiative in market competition to combat competitors. Seize the market share. At the same time, the author also hopes that Chinese enterprises can continuously improve their trademark awareness and add to the road of China's embarking on a strong intellectual property.
Will the new trademark law affect you?
On August 30, 2013, the Fourth Session of the Standing Committee of the 12th National People's Congress voted on the decision to amend the Trademark Law. This is the third revision of the Trademark Law since it was enacted in 1982.
The revised new trademark law will be officially implemented on May 1, 2014.
Amendment point 1: Increase the amount of trademark infringement compensation The old trademark law stipulates that the court's discretionary limit on the amount of compensation for trademark infringement cases is 500,000 yuan. On the premise that the specific loss of the trademark owner cannot be determined, the court may, according to law, decide not to exceed the judgment. 500,000 yuan. With the development of the economy in recent years, in order to gain profits, trademark infringers know that infringement is still the case, the root cause is that the penalty ceiling is too low, and the low illegal cost is in stark contrast with the high illegal income, plus trademark infringement. The behavior is highly concealed, and it is often difficult to identify the specific loss of the trademark owner. In most cases, the court exercises discretionary powers, which makes it difficult for the infringer to generate sufficient deterrent, and the trademark infringement case will be repeatedly prohibited. The phenomenon. The new trademark law raised the upper limit of the amount of discretionary compensation to 3 million yuan, which sounded the alarm for trademark infringers and reduced the incidence of trademark infringement cases to a certain extent.
Amendment point 2: Clarify the review period of the trademark registration application The current implementation of the trademark law does not expressly stipulate the time limit for the examination of the trademark registration application, and can only be estimated based on the efficiency of the trademark office, resulting in the partial review of the trademark within one year. Some trademarks have not waited for two to three years to announce the initial review, which essentially loses the fairness of the law. The new trademark law clarifies the ambiguity of the trademark review period and enriches the trademark applicant's right to know.
Amendment point three: increase the voice trademark as a consumer, some of the products in the market are widely known, such as the news of Tencent QQ, the default ringtone of Apple's mobile phone, the message reminder of Samsung mobile phone, the voice of Intel, the music of cool dog. As a part of the brand, sound is also an important form of brand communication. The inclusion of sound in the scope of trademark protection reflects the importance of sound trademarks in the trademark system. It also encourages people to exert subjective creativity and promote civilization. Healthy development of society.
Amendment point four: Limit objection and objection Reasons The trademark opposition system is a double-edged axe that can not only improve the scope of trademark review, but also be used as a legal means to combat competitors. The Old Trademark Law stipulates that any person may file an objection to the notified trademark (for any reason) during the announcement period. The new trademark law refines the regulations and scientifically divides them according to the nature of the matter. The object of dissent is limited to the prior rights holders and interested parties. The objection grounds clarify that only trademarks that violate the law and the public order can raise objections, and to some extent exclude them. Malicious competition opportunities.