Is the domestic registration of foreign trademarks valid?
1. Is it effective to register foreign trademarks in China? In the face of overseas cybersquatting, it is a positive way to safeguard one's rights and interests through legal means, which has a very good social effect and an exemplary role. However, blind litigation is not advocated, and settlement through litigation is often the most expensive means of safeguarding rights in practice. From the perspective of market rules, whether it is necessary to defend rights overseas through litigation and whether it is necessary to fight the lawsuit to the end should be considered from the perspective of enterprise management. When arranging overseas intellectual property rights, we must be based on the actual situation of our own products. For example, if it is a relatively high-end product with complete patents and products, it is best to apply for intellectual property protection such as trademarks or patents in some developed countries. If an enterprise's products are ordinary and not so distinctive, it can go to some developing countries or some relatively backward countries to do a good job in intellectual property protection. Outstanding characteristics, you can go to some developing countries or some relatively backward countries to do a good job in intellectual property protection. Two. Countermeasures According to the provisions of the Trademark Law, trademark owners can choose the following two legal channels to claim their rights: to raise objections to the trademarks announced in the preliminary examination. According to the provisions of Article 33 of the Trademark Law, within three months from the date of announcement, the prior obligee or interested party may file an objection with the Trademark Office if it considers that it violates the provisions of Article 13, paragraphs 2 and 3, Article 15, Article 16, paragraph 1, Article 30, Article 31 and Article 32 of this Law, or that it violates the provisions of Article 10, Article 11 and Article 12 of this Law. "The obligee thinks that its trademark has been maliciously applied for registration in advance by others, and if it is found in time during the announcement period of the preliminary examination and approval of the trademark, it may raise an objection to the Trademark Office and request the Trademark Office not to approve the registration. Submit disputes over registered trademarks to the Trademark Review and Adjudication Board. Where a trademark registered in accordance with Article 45 of the Trademark Law violates the provisions of Article 13, paragraphs 2 and 3, Article 15, Article 16, paragraph 1, Article 30, Article 31 and Article 32 of this Law, within five years from the date of trademark registration, the prior obligee or interested party may request the Trademark Review and Adjudication Board to declare the registered trademark invalid. When applying to the Trademark Office or the Trademark Review and Adjudication Board for objections or disputes and claiming rights, the parties concerned shall state the reasons and provide corresponding evidence in combination with the constitutive requirements of the registered trademark act analyzed above. These evidences should focus on two aspects: on the one hand, the evidence of the subjective malice of the trademark registrant, such as the purchase and sale contract of goods related to the disputed trademark, the correspondence between the two parties, and the written evidence that the trademark registrant demanded unreasonably high "trademark transfer fee" from the obligee; On the other hand, it is the evidence that the right holder used and publicized the disputed trademark in advance, such as the entrustment contract and corresponding documents between the right holder and the trademark design and trademark appraisal unit, the advertising production and release contract of the trademark, newspapers and magazines that publicized the trademark, the purchase and sale contract and invoices of the trademark goods, etc. With the continuous improvement of China's economic level, more and more enterprises will be established, so enterprises can also apply for registered trademarks after registration. After registration, no enterprise or citizen can use it at will. If there is malicious cybersquatting or random use of another person's trademark, you can also ask the other party to stop the infringement and demand compensation.