Trademark cybersquatting is not desirable in Sanya; Haitang Bay; Successful trademark rights protection

Nowadays, more and more people realize the importance of trademarks, but trademark infringement still happens from time to time. It is reported that Haitang Bay Leisure Resort Development Project is a major construction project initiated by Sanya Municipal Government in April 2004. Since June, 2005, with the construction of Haitang Bay National Coast, there have been many registered trademark incidents in various places.

Haitang Bay is located on the northeast coast of Sanya City, Hainan Province, 28 kilometers away from the center of Sanya, bordering Yalong Bay National Tourism Resort in the south, and is listed as the five famous bays in Sanya along with Yalong Bay, Dadong Bay, Sanya Bay and Yazhou Bay. In 2009, the trademark of Haitang Bay was registered, including more than 20 categories such as eating, wearing, living, traveling, playing and cultural publishing, which seriously affected the long-term economic development of Sanya.

▲ Haitang Bay

The Sanya Municipal Party Committee, the Municipal Government and the provincial industry and commerce attached great importance to it, promptly raised objections to the trademark and reported the situation to the Trademark Office, and then successively formulated relevant departments to quickly declare 55 "Haitang Bay" trademark registrations. On 2011June 15, the Trademark Review and Adjudication Board of the Trademark Office of the State Administration for Industry and Commerce issued a trademark objection ruling, ruling that the first batch of 10 "Haitang Bay" trademarks that have been registered and entered the preliminary examination stage will not be approved for registration. The cybersquatter refused to accept the ruling and filed an administrative lawsuit with the Beijing No.1 Intermediate People's Court. The Beijing No.1 Intermediate People's Court made a first-instance judgment and revoked the ruling of the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce on the trademark dispute case of "Haitang Bay".

According to the situation of "obtaining registration by improper means" in the first paragraph of Article 41 of the Trademark Law, the final judgment was made on May 12, 2002, and the original judgment of Beijing No.1 Intermediate People's Court was revoked, and the trademark dispute ruling of "Haitang Bay" by the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce was upheld.

After the judgment of the first instance, the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce refused to accept the judgment of the first instance and appealed to the Beijing Higher People's Court, requesting that the original judgment be revoked and upheld. Sanya is endowed with unique tourism resources. Once the registration is successful, the consequences will be unimaginable. Therefore, Trademark Transfer Network hereby appeals to all enterprises and their legal representatives to attach great importance to intellectual property rights and actively safeguard their rights. Once you find that your exclusive right to use a trademark has been violated by others, you should actively collect evidence and take legal measures to protect your exclusive right to use a trademark. Neglect is tantamount to indulgence, which will eventually have a negative impact on the development of its own brand.

It is suggested that you should consult relevant professionals on trademark issues, and you can't build a car behind closed doors. If you have any questions or questions about trademarks, trading trademarks, trademark transfer, etc. , you can choose Zhejiang Trademark Transfer Network and Trademark Office to file a formal trademark agency, 17 has a professional deposit, I hope I can help you! You can call the 24-hour customer service hotline, or visit Zhejiang to choose your favorite trademark!