Trademark is a sign used to identify and distinguish the sources of different goods or services. It represents the product quality and service guarantee of an enterprise. It can be said that a trademark carries the reputation of an enterprise and enables the enterprise to participate in market competition. An important tool, its importance to enterprises and their products is self-evident. So, how can companies better protect their trademarks? Today, Jun Yang will talk about some suggestions for corporate trademark protection.
1. The principle of first to apply for a trademark
The principle of first to apply for a trademark means that two or more applicants apply for the same or similar goods on the same or similar goods. If a trademark is applied for registration, the Trademark Office will accept the earliest trademark registration application and reject subsequent trademark registration applications. The priority of the application is determined based on the date when the applicant files the application for trademark registration. The application date for trademark registration is based on the date when the Trademark Office receives the application documents. Therefore, the date on which the application is received by the Trademark Office should be used as the criterion for determining the priority of the application.
If we have a good trademark name that is rejected because it was not registered in time and was registered by others, then it needs to be re-registered.
So when we have a good trademark name, especially when we have used this trademark name to open up the market, we must register it early, and don’t wait until someone else has registered it and then sues us for infringement and regrets that we were not there at that time. First apply to register the trademark that originally belonged to us.
2. Unified protection of trademarks and trade names
Both trademarks and trade names can help increase corporate visibility. Trademarks are closely linked to goods and corporate services; trade names are linked to specific business entities. Trademarks are required to be distinctive and exclusive, and a trademark can only have one registrant; while a trade name is just a business name and does not necessarily have to be distinctive, and sometimes can have multiple users. For example, the "Dongfeng" trademark registered by Dongfeng Motor Company is a trade name registered as a trademark for protection.
In order to avoid failure to register a trademark after the establishment of a small and micro enterprise, it is recommended to conduct a trademark search before registering a company, so that the establishment of the company and the registration of a trademark can be carried out simultaneously to achieve unified protection of trade names and trademarks.
If we have a good trademark name that is rejected because it was not registered in time and was registered by others, then it needs to be re-registered.
So when we have a good trademark name, especially when we have used this trademark name to open up the market, we must register it early, and don’t wait until someone else has registered it and then sues us for infringement and regrets that we were not there at that time. First apply to register the trademark that originally belonged to us.
3. Patent and trademark protection
Three-dimensional objects are practical. If they are novel at the same time, you can apply for a patent. The design patent protection period is only ten years, and the patent The annual fee is high. Once registered as a three-dimensional trademark, not only can permanent protection be achieved, but the cost of use is much lower than the cost of patent maintenance. Moreover, my country's crackdown on trademark infringement is stronger than that on patent infringement. Article 8 of my country’s Trademark Law stipulates that three-dimensional marks can be applied for registration as trademarks, that is, three-dimensional trademarks. Technology-based small and micro enterprises are recommended to register patented products as trademarks.
In addition, small and micro enterprises can obtain registered trademarks through trademark transfer. When transferring a trademark, they should also pay attention to: 1. Whether the trademark is less than 5 years old and the trademark validity is unstable; 2. Second, check whether the trademark has not been used for three consecutive years to avoid the trademark being revoked; third, joint or defensive trademarks must be transferred together, otherwise the transfer will be invalid.
Based on the above, Bajie reminds you that everyone wants a good trademark name. Only if the trademark truly belongs to us can our company have a better and more guaranteed future.