What's the hottest word nowadays? Capital and entrepreneurship should be among them. This popularity is an incubator blossoming everywhere in all cities, an entrepreneurial dream suitable for men, women and children, and a China enterprise listed in the United States one after another. Behind this popularity, we can also see the serious lack of awareness and environment of intellectual property protection in the wave of Internet entrepreneurship in China. Didi, Tesla, Momo and other industries took turns to stage the trademark tearing bi war. Among them, the story of Didi taxi is the most cruel and forced to change from the original? Tick-tock? Change its name to today's? Didi? It never occurred to me that it was still difficult to get rid of the encirclement and suppression of malicious cybersquatting after I left the nest and entered the nest.
So, how can entrepreneurs protect their brands? This will start with the actual registration of the trademark.
First of all, you should know that the name and trademark of an enterprise are different. Many people think that their business names are legally approved by the Industrial and Commercial Bureau, and naturally they should be used in their own products. In fact, this is a big misunderstanding. Enterprises in industrial and commercial registration are only protected locally, and there are no protective measures outside the jurisdiction. For example, Daoxiang Village, Daoxiang Village in Beijing, Daoxiang Village in Suzhou and Daoxiang Village in Baoding. In their respective administrative areas, they can exist independently and legally and carry out a series of production and operation.
Different from the regionality of enterprise names, the registration of trademarks is unique. Whoever registered the trademark of Daoxiang Village first, the ownership of this trademark can only be owned and used by the actual registrant, and other enterprises use Daoxiang Village on the same commodity, which is an infringement of the registrant's trademark right.
Then the question is, what are the forms of registrable trademarks?
First, Chinese characters. Thanks to Uncle Cang Xie for creating Chinese characters, two simple Chinese characters? Mo? Together, it is easy for people to think of its use.
Second, numbers. Thanks to Arab uncles, it is their outstanding creativity that makes tons of trademark registrations emerge one after another? 5 1? With what? 9 1? Sacrifice hundreds of millions and create brilliance.
Three, letters. When you speak Chinese, an English word pops up inadvertently, which makes you stand out, and registering an English trademark also makes you stand higher. What's more, domain names are originally the world of English letters, and it is more convenient to promote and manage domain names by registering them as trademarks.
Fourth, graphics. The graphics are well drawn, and the user must not run! A self-created graphic can make people look left and right, fondle admiringly and multiply their posture, and its visual impact ability is unmatched by other trademarks. Look at Yao Ming's big face and Uncle Jin's base smile. It's absolutely awesome to make a trademark.
Five, in addition to the above four forms, there are three-dimensional signs, colors and sounds, which are not very common registered trademarks. Unlike Chinese characters and letters, they are easy to identify, print and publicize. However, this does not mean that they are unimportant. Like what? Hello, motorcycle? MGM's lion roar appears so frequently in people's lives, but it doesn't make people vomit when they listen, but it is very intriguing. Moreover, Sister Q is here to examine the importance of sound trademarks to the Japanese market with a professional and serious attitude. Butterfly is not easy to fly, so pay attention to it and cherish it!
6. A trademark consisting of all the above elements. What needs to be reminded by Sister Q here is that when the Trademark Office conducts a major review of the combined trademark, it will disassemble the elements of the combined trademark and review them separately. Just like a beautiful face, if you look at it separately, experienced people can see the truth at a glance. Well, this nose belongs to Murakami Dragon, and this double eyelid is made by Aunt Wang, right? As for the combined trademark, the trademark application will be rejected only if any element has a similar trademark registration, so it is suggested that all parts of the combination should be disassembled to apply for a trademark when applying for a trademark. Even if some of them are rejected, they will not sit in other parts.
Let's talk about category selection after the form. Trademark1* * has nearly a thousand kinds of goods in 45 categories. At the time of application, one category is regarded as an application unit, and each category charges 800 yuan (only for this category 10 goods). For goods exceeding 10, each item exceeding 1 will be charged to 80 yuan). This only refers to the fees paid to the Trademark Office, excluding agency fees.
Most start-ups often get what they pay for, so when registering a trademark, the choice of category is particularly important. Business owners must figure out what their core business is. You applied for a trademark at no cost, but in the end, your most important category didn't apply for registration, and you don't know it yet. You just think you have legal protection and sleep well. Isn't it on the contrary, which has laid a huge hidden danger for the use of trademarks in the future?
Imagine if someone is also registered in the clothing and underwear category? Haier? That big tree is really cool. Without hard work, your own trademark will become a world famous brand. There may be more new people wearing underwear on the street. Or, if someone is in the toilet category, apply for registration? Master Kong? Then, if you are holding a steaming bowl of Master Kong on an already lonely night, will you smell another bad smell?
In order to avoid these embarrassment, Sister Q teaches you a rich and willful' method: register for the whole class. Some people think this is a very extreme practice, but it is not. Like what? Wow, haha? . In addition to protecting their own trademarks, they also put such things as? Ha ha wa? 、? Wahawa? Similar trademarks are also protected. Expand the scope of protection and keep your trademark unique to the maximum extent! In a word, it is a good way to protect your brand and prevent your trademark from being infringed as much as possible. If the enterprise has a high brand positioning, it is better to crustily skin of head and spend tens of thousands of dollars to do a full-class registration, laying a solid foundation for the development of the enterprise.
Finally, I will give you some dry goods to share:
1. Before naming a product, it is recommended to check whether the name is registered as a trademark by other enterprises. If you find that the good name you spent three days and three nights coming up with has been registered, honey, don't worry, change it quickly.
2. If you are not sure what kind of trademark your enterprise should apply for, you can find a well-known enterprise with similar business content as a reference to see what kind of trademark others have applied for. To apply for a trademark, it is better to draw a tiger according to a cat than to cross the river according to a pony.
3. Trademark application in the name of individual is not accepted. Therefore, even if you have a good idea and a good trademark, you have to have a company to apply; If there is no company, at least a business license for self-employment is required. This threshold has effectively hit the second-hand dealers in the trademark industry. They rob the trademarks with good ideas for comments and then sell them to others.
4. Trademark approval is different from enterprise name. Even the same name, as long as it is not in the same category, can apply for approval. In addition, even if it contains the same words, the trademark you applied for may be approved as long as it is obviously different from the existing trademark. That's why. Really miss you? And then what? Miss you so much? Be approved as a registered trademark.
5. For combined trademarks, such as Chinese, English and graphics, it is recommended to apply separately. Separate applications can be used in combination, but the trademarks used in combination are not protected when used alone. In addition, because the merger application is also examined separately, any conflict or doubt will be rejected as a whole, which invisibly increases the difficulty of the application.
6. It takes several months for a trademark to obtain a trademark registration certificate, and the announcement period is three months. If you encounter objections during the announcement period, the time for investigation and evidence collection will be out of control, and there are many cases where you can't get a trademark certificate for two or three years. Therefore, for trademark applications, it may not be possible to provide food and grass first, and it started early at the beginning of the company's establishment.
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