How to prevent Amazon from preempting trademarks?
1. How to prevent Amazon from being squatted? There are three ingenious ways to prevent registered trademarks: 1, the market has not moved, and trademarks come first. Before the newly developed goods enter the market, ensure that the trademarks used have obtained rights. 2. Defensive registration: According to the principle of "one commodity, one trademark, one application", a trademark with certain popularity can be registered defensively on similar or non-similar goods to avoid infringement by professional trademark speculators. 3. Strengthen trademark monitoring: enterprises should pay close attention to the trademark announcements issued by the State Administration for Industry and Commerce, and if they find identical or similar trademarks, they should raise objections to the State Administration for Industry and Commerce in time; Trademark agencies should be entrusted to track and monitor the market and feed back the infringement information in time. Two. Countermeasures If domestic trademarks are registered by foreign countries or other regions, registered enterprises must actively respond. First, understand the relevant laws and policies of the host country. Enterprises should find out the actual situation of registered trademarks as soon as possible, and consider preparing to raise objections to registered trademarks in registered countries as soon as possible according to relevant laws and regulations. Of course, according to international practice and the provisions of most countries, objections should be formally raised after the announcement of registered trademarks. Even if no objection is raised within the objection period, these enterprises can apply to the registration agency or local court for relief after trademark registration (taking corresponding measures according to the laws of various countries), and then finally determine whether the trademark registration is valid through legal procedures. At present, there are two main principles of trademark authorization in the world. First, the principle of prior use of trademarks represented by Anglo-American legal system; The second is the principle of prior trademark application represented by Chinese mainland legal system. After understanding the basic legal knowledge of the registered country, we will analyze the specific problems (take different countermeasures according to different situations). In addition, these enterprises should also submit their own trademark registration applications after successfully preventing cybersquatting. Relevant enterprises should collect the evidence of the use of their trademarks in the country of registration, the evidence of their well-known trademarks and the evidence that can prove the malicious cybersquatting of the other party as soon as possible, so as to prepare for judicial relief. After understanding the motivation of cybersquatting, if the purpose of cybersquatting is the first situation analyzed above, we should actively negotiate with the cybersquatting party while preparing legal procedures for relief, and pay a certain fee through settlement to get the trademark back. Simon's subsidiary thus registered Hisense's trademark in Germany. For cybersquatters whose motivation is to create trade barriers, in addition to the above two ways, joint action should also be considered. As far as the current strength and international influence of China enterprises are concerned, it is not suitable for individual combat. In the case of Hisense and Siemens, the power of the government and the media is self-evident. The mediation of the Ministry of Commerce, the intervention of the European Union in China, the attendance of representatives from the Ministry of Commerce, the Industrial and Commercial Bureau, the Trademark Office and other departments at the massive seminar on overseas rights protection of Chinese trademarks at that time, and the powerful public opinion offensive launched by Hisense aroused great sympathy and antipathy of China consumers to Hisense. Finally, let Siemens give up Hisense's trademark. Although this method is not effective for all enterprises, it is one of the effective ways to concentrate all efforts to deal with trademark cybersquatting. After many Fujian clothing brands were registered in Macao, Fujian clothing enterprises gathered all forces and finally returned the registered trademarks, which is also one of the successful examples. With the continuous improvement of China's economic level, more and more enterprises will be established. After the establishment, enterprises can also register corresponding trademarks according to their own needs. Because the procedures and materials for registering a trademark are complicated, enterprises can also register a trademark through an agency, and they need to renew it in time after the expiration of the trademark use period.