What are the benefits and purposes of trademark registration?

1. What are the benefits and purposes of trademark registration? Generally speaking, trademark registration based on the principle of first obtaining a trademark has several purposes: one is registration speculation, and such registrants generally only want to trade with the original trademark users in order to obtain economic benefits; The second is malicious cybersquatting. If an enterprise's products are first used in a cybersquatting country, the owner of the cybersquatting person can also be considered illegal. This kind of cybersquatters are generally competitors in the market that the products of the original trademark users will enter. For example, Siemens' cybersquatting of Hisense trademark belongs to this type. Its general purpose is to prevent the products of enterprises from entering the market of domain name squatting countries, or to slow down the speed of trademark users' products entering the market of domain name squatting countries through domain name squatting, or to reduce the market space of original trademark users in domain name squatting countries in this way. This type of cybersquatting has the greatest impact on cybersquatters, because it is originally intended to create trade barriers through cybersquatting, so it is also the most troublesome to deal with; There is also a cybersquatting behavior for self-protection. For example, the agent of a product in country B found that the product trademark he represented was not registered in country B, and repeatedly negotiated with the owner of the product trademark in country A, but the other party refused to register, and registered the trademark of the product out of consideration for its own interests (such registration should be in good faith, otherwise it would be illegal); In other words, after company A acquired company B, it found that the trademark of company B was not registered in country A. In order to prevent speculators from registering first, company A registered the trademark first. Both of them are registered in good faith, which does no harm to the original trademark users and will be much simpler to handle. The meaning of "registered trademark" has gone through two stages of development. In the first stage, the object of trademark registration is basically limited to unregistered trademarks. At present, the connotation of trademark cybersquatting is further expanded, that is, the act of applying for registration as a well-known trademark or well-known trademark on non-similar goods or services is also cybersquatting. Furthermore, it can be considered that the application for registration of innovative design, design patent, enterprise name and font size, abbreviation of listed company and other prior rights as trademarks should also be regarded as trademark squatting. "However, due to the different objects of cybersquatting, the legal principles involved are also different: the former is the dispute between' application first' and' use first' of trademarks, and the main issue involved is the principle of trademark rights; The latter is mainly about the protection scope of "prior trademark right" and the protection of "other prior rights", and also touches on the principle of trademark right. (1) Conflict between "application first" and "use first" The two procedural principles of application first and use first are the principle of registration and the principle of use respectively. The so-called registration principle is to determine the ownership of trademark rights according to the order of applying for trademark registration. No matter whether the trademark is used or not, whoever applies first will be granted the exclusive right to use the trademark. Application for registration is the only legal fact that forms the exclusive right to use a trademark, so the most basic legal feature of the registration principle is the application for trademark registration. Corresponding to the principle of registration is the principle of use, which determines the ownership of trademarks according to the order of use. Whoever uses the trademark first will enjoy the exclusive right to use the trademark. It is not necessary to apply for trademark registration. The principles of registration and use have their own advantages and disadvantages. Using the principle of registration to obtain the exclusive right to use a trademark is convenient for trademark management and trademark owners to distinguish the ownership of a trademark. The legal relationship of trademark right is clear and stable, which is convenient for investigation and evidence collection. Its disadvantage is that it is too rigid, lacks flexibility and cannot protect the prior right to use trademarks. Using the principle of use to obtain the exclusive right to use a trademark fully protects the prior right to use the trademark, which is flexible and practical and can avoid the confusion caused by different users using the same trademark successively. However, due to the lack of stability, it is difficult to verify the evidence of trademark use by trademark users, which is not conducive to trademark management. At present, most countries adopt the principle of registration to obtain and confirm the exclusive right to use trademarks, and only a few countries such as the United States adopt the principle of use. The principle of registration only recognizes that the first applicant for trademark registration enjoys the exclusive right to use a trademark, and the legal result of this system provides the possibility and inevitability for registering a trademark. (II) Limitation of the scope of protection of trademark rights Trademark rights are property rights closely related to commercial subjects. As a kind of property right, trademark right can bring certain economic benefits to its obligee through its use, license and transfer. Trademark right is an intangible property right. Compared with general tangible property rights, the property value contained in trademark rights is uncertain. Because the property value of a trademark mainly refers not to the cost of creating, using and maintaining the trademark, but to the profitability of the trademark. The profitability of a trademark depends on many factors, such as the market leading degree of the products marked by the trademark, the stability of the profitability of the trademark, the basic situation of the trademark in the market competition, the possibility of the extension of the trademark, the potential ability of the trademark to develop into the international market, the continuous investment of the trademark, and the strength of legal protection. These factors have great uncertainty, even if only a strong new competitor joins, it can immediately break the original balance of power in the market and affect the profitability of trademarks. To sum up, although cybersquatting has certain benefits and can obtain certain economic benefits, cybersquatting is not supported, and Hu Hai may bear the corresponding tort liability. If a registered trademark is recognized as cybersquatting, then no matter what kind of trademark is cybersquatting, the final outcome is the same.