4423 Chapter 881

※Intentional manipulation of Fandan's disease! Several major portals have all singled out the appeal of the Fenjiu Group’s gun Ding Liebang to court, and the comments are still very large.

After all, during this period, some of the people in their husbands were still in awe of the authority of government departments. At this time, some companies sued the State Administration for Industry and Commerce, which was indeed quite shocking.

In fact, Fan Wubing has very opinions on the identification of well-known trademarks in this country.

At present, there are many domestic famous brand selection methods, and different departments are responsible. For example, well-known trademarks are evaluated by the administrative department for industry and commerce, and China's world famous brand products and Chinese famous brands are evaluated by the China Famous Brand Promotion Committee.

In addition, some local governments and industry and commerce departments have excessively pursued the number of well-known trademarks. In some places, the industrial and commercial bureaus have set the ambitious goal of achieving one well-known trademark in one county within three years. Many people believe that there are undesirable phenomena such as the excessive use of well-known trademarks by the local courts and excessive pursuit of the number of well-known trademarks by local governments.

The selection of well-known trademarks is a good thing. It can let everyone know more influential companies, especially those well-known companies that have a long reputation in the industry. This is for everyone to compare product quality within similar products. It is very good to choose the most suitable price/performance ratio for your goal.

Only by knowing the quality of a well-known brand product can you know whether other products are good or bad. In this way, many other companies with non-well-known trademarks will automatically use the quality of well-known trademark products as their standard, catching up or even passing them.

In this way, or within a few years, a large number of excellent enterprises and high-quality products will emerge.

Come.

However, the current situation is quite the opposite. The industry and commerce department collects money, the localities do it for publicity, and the enterprise does it for profit. After the three aspects are combined, the current well-known trademarks have been formed. Even many selected companies have never heard of them. Even those companies that have not been established for two years, have appeared in TV commercials over time. The brushes are all well-known trademarks in China. After reading it, people think that if an enterprise that is not a well-known trademark in China comes out at this time, it will attract attention. Yin·’Ads like this, there are too many lice and do not bite people, but the credibility of the company and related departments is not left at all.

Another very important issue is that the current trademark laws and regulations emphasize passive protection, and there is no protection system for defensive trademarks and joint trademarks. This creates legal obstacles for trademark owners to file defensive and joint trademark registration applications to prevent cybersquatting.

In addition, the current establishment of the trademark opposition and review system is prone to abuse of rights, which directly leads to the slow process of trademark registration. Some trademarks have been well-known but cannot be approved for registration for a long time, and some have not been approved for seven or eight years. , It is almost close to the ten-year protection period of registered trademarks.

Regarding the current over-recognition of well-known trademarks, trademark laws and regulations too emphasize the passive protection of well-known trademarks, and the lack of legislative protection for some well-known trademarks that are still in the growth and development stage, many people in the industry have expressed their opinions. This will not only restrict the construction and development of domestic well-known and well-known trademarks, but is also detrimental to the support and protection of national brands in the future.

Fan Wubing has also discussed this issue in conversations with many people in the business community, and believes that the protection system for well-known and well-known trademarks should be stipulated in special chapters and sections in trademark laws and regulations. Add legal provisions on joint trademarks and defensive trademarks, and reasonably guide the right holders of well-known and well-known trademarks to register and protect the trademarks or registered trademarks they actually use. Modify the current opposition legal procedures, limit the qualifications of applicants for opposition procedures and the reasons for initiating them, so as to better prevent the abuse of opposition procedures.

The current predicament faced by domestic enterprises in trademarks is not just a domestic protection issue. The continuous international cybersquatting issue is also a very headache.

Many domestic companies have experienced the problem of trademark squatting overseas. The reason for this problem is actually not only related to the company itself, but also to the inaction of certain functional departments of the government.

For a long time, Chinese companies usually only register trademarks in the country, while foreign trade companies are basically responsible for the registration of foreign trademarks. In recent years, with the deepening of China’s foreign trade system reforms, most foreign trade companies have been cancelled their overseas trademark registration rights. The trademarks registered through their agents previously require companies to redeem them. Therefore, only about 20% of China’s export products currently own Of their own trademarks, 30% of companies have no trademarks, and another 50% are OEMs.

There are three main situations of trademark squatting: First, peers seize the market through squatting trademarks. The second is that agents obtain exclusive agency rights through squatting trademark registration and obtain greater profits. The third is to obtain benefits through the transfer of trademarks

Some overseas trademark registration companies or individuals, oh the business opportunities in trademark reselling, have derived an industrial chain of interests. They preemptively register, then speculate, and then coerce the company to redeem it or resell it to the company’s competitors.

As for him, Xiaolunye provides services for recovering trademarks for a fee. On the other hand, they secretly engage in commercial speculation.

The formation of this industrial chain has further intensified the phenomenon of trademark grabbing, and there are a number of overseas trademark registration companies in the world. They know that trademark cybersquatting is easy but difficult to pursue. Moreover, the risk of economic benefits is extremely low, making squatting of trademarks a means for some companies to seek profits. For example, there is a Chinese time-honored trademark transfer company in Canada.

As most companies in China are indifferent to trademark awareness and unfamiliar with international trademark laws, on the one hand, foreign trade companies are less motivated and less likely to help companies register and protect trademarks; Overseas applications still need an adaptation process. Some companies even suspended the work of overseas trademark registration. As a result, more and more Chinese trademarks have been registered overseas and forced to withdraw from the local market. In addition, the incompatibility brought about by the system transition. It is also an important reason why domestic companies are frequently squatting in the process of going global.

Among the numerous trademark cybersquatting cases that have occurred, the Hisense case is the most influential.

Last year, Siemens registered the "Small. Trademark" in Germany.

Now that Hisense wants to enter the European market, it has encountered a trademark problem. Through contact, Siemens said. A trademark transfer fee of up to tens of millions of euros is required.

Similar to Hisense. Many mainland companies are negligent in trademark protection. Did not realize the importance of trademark intellectual property rights. Once a trademark is registered, it must be proved that the other party is maliciously registered before it can be revoked in accordance with the relevant procedures.

Now the mainland trademark has entered the peak period of squatting overseas. Once a well-known trademark is squatted, it will cost a huge price if you want to retake it. If you don’t take it back, you have to face infringement or withdrawal from the existing market. destiny.

In fact, registering a trademark in a foreign country usually costs eight hundred to two thousand U.S. dollars for one. As far as large companies are concerned, it doesn't matter at all, a meal is the price, and sometimes it is not even enough.

There are two main ways to apply for overseas trademark registration: one is through the Madrid International Registration System. China has joined the system ten years ago. With a cost of 100,000 RMB, trademarks can be registered in more than 70 countries and regions around the world. The other way is to apply directly to the country where you are located, and you can only get protection in that country after registration.

The "Protection of Industrial Property Rights in Paris Openly" stipulates that if one party does not have sufficient evidence to prove that the other party is an act of unfair competition within five years, it can only use huge funds to redeem the trademark. If Hisense cannot prove that the Siemens trademark is a malicious cybersquatting within five years, then the "Bi" trademark will threaten Hisense like a "time bomb" that may explode at any time.

Unless Hisense is not exhibiting in Germany or Europe, Siemens' behavior is like a stumbling block. Make Hisense's overseas market strategy difficult.

When Siemens registered its trademark in Germany, the trademark and Hisense's trademark only differed in upper and lower case in the middle letter "". But at that time, Hisense products were limited in export to Europe, so the impact was not much. In recent years, Hisense’s overseas sales have grown gratifyingly. Trademark issues have severely hindered Hisense’s products from entering the German market.

In the negotiations with Siemens, Hisense once proposed to buy the "old" trademark ~lightnovelpub.net~, but the transfer price of tens of millions of euros from Siemens Kaiji was unacceptable to Hisense. In fact, Siemens is registered as a trademark. It is to prevent Hisense from entering the European market.

In fact, as early as ten years ago, the Chinese government submitted to the World Intellectual Property Organization a notice of accession to the "Madrid Agreement for the International Registration of Trademarks", and the agreement formally entered into force for China in the same year.

The Madrid Agreement provides a low-cost, high-efficiency, and easy-to-operate way for trademark applicants to register international trademarks. It has the characteristics of using one language, submitting an application, and paying a fee. Applicants only need to submit a trademark registration application and payment to the International Bureau of the World Intellectual Property Organization through the trademark registration authority of their country, and then they can obtain the exclusive right to use trademarks from other parties within the prescribed time.

After joining the Madrid Agreement, compared with the traditional country-by-country registration. It can save a lot of time and cost for domestic enterprises, and the high efficiency and ease of operation of the Madrid trademark international registration provide strong support for many enterprises involved in the international market to obtain trademark protection internationally.

The reason why Fan Wubing feels more resentful about the industrial and commercial departments is that they actually feel that they have done too little work in this area. Even if they are collecting money to do things, they should at least publicize their common sense, right? After all, how many domestic companies know what the Trademark Office does? "Today the third one is sent to one...one