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Foreign Brand Warning News

Legitimacy and Reasonableness of the Registration of Trademark
2017-06-17

    With the rapid development of China’s economy,foreign countries have begun to implement various trade barriers to us,through various means to restrict China’s economic development ,“Hisense trademark registration case”and many other cases brought us a lot of inspiration,People have legal and moral condemnation of registration is really illegal in the law,is morally disgraceful?This article will be analyzed in this regard.

[1]A brief description of trademark issues
   The so-called commonly known as the brand, refers to the production operators in their goods or services used by the text, graphics or a combination of distinctive features, easy to identify the source of goods or services, special markers. Trademarks are significant and distinguishable from each other, and by definition we can see the important role of the mark: the identification function, the specific mark is always associated with a specific business object, through the mark can be identified; mark the source function , Through the trademark, we can clearly understand the goods or services are produced, manufactured, processing and distribution; to ensure the quality of function, the trademark is the carrier of goodwill, the producer for its good reputation had to pay attention to its quality ; The role of advertising, the use of trademark publicity can quickly improve the visibility of goods, creating a wide range of market effects.

   With regard to the acquisition of trademark rights, there are three types of legislation: access, registration and acquisition. The use of acquisition refers to the actual use of the trademark, the trademark has been used in business activities is not registered, but also to obtain trademark rights. There are very few Anglo-American countries that still use the system of obtaining trademark rights. Registration is to obtain the registration of the trademark is the only basis for unregistered trade mark is not protected by law, unregistered trademarks and registered trademarks in the event of conflict, the registered trademark priority. It is a special protection for trademarks, which is supplemented by registration.It is a special protection for trademarks, which is supplemented by registration. Trademark protection is carried out by the courts by ensuring that the trademark registrant is protected by the exclusive right to mark the goods or services or to allow others to use it for remuneration. In most systems, the court has Right to stop trademark infringement.Broadly speaking, the trademark by the trademark registrants to be rewarded, so that it is recognized and economic benefits, and the world's positive and enterprising spirit to play a catalytic role. Trademark protection may also prevent unfair competitors, such as counterfeiters, from selling poor or different products or services with similar distinguishing marks. This system facilitates the development of international trade by enabling skilled and enterprising people to produce and sell goods and services under as fair a condition as possible. To the registration of the trademark and its protection, the recent emergence of the trademark of the phenomenon of cybersquatting, registered trademark is registered enterprises, institutions or individual business people who have been using the unregistered trademark applications for registration, or others registered trademarks in the The registered trademark has not been approved for registration of the project category, or other innovative design, design patents, business names and other earlier rights as a trademark application for registration of the act. "Hisense" in our country are well-known brands, and was sued after the German company Siemens noted that the registration of the trademark, in fact, this middle itself exposed a lot of problems .

[2]The Reasons for Trademark Registration is Not Registered and Trademark Registration Defense

    China is using the registration to obtain, but also provides for the well-known and obtained the system as a necessary supplement to the former. From a few simple analysis of our enterprises, trademarks are not registered mainly for the following reasons:
    1, the role of trademarks have identified and marked the source of the function, the trademark can show the goods or services of the manufacturer of various information, it is clear that some manufacturers do not register the trademark is not confident of their production, do not want Dare to express all their information to the outside world, always holding on good production, bad luck to remove the psychological, not as their goal has always been fighting, it can be said that a large part is unwilling to bear any responsibility, do not Attention to their credibility of the construction of short-term speculators. On this level, this business philosophy is a serious damage to China's economic system, but also on the image of China's serious damage! Trademark is the carrier of goodwill, goodwill come from? Is fundamentally good product quality and good service accumulated for a long time, this is the basic requirements of good faith, so we should allow trademark registration, as to its production conditions, conditions, etc. should be the Trademark Registration Board audit issues , This can to some extent against these short-term speculators, to promote business-oriented image building to ensure product quality and service quality, to form an honest and credible social atmosphere, so as to maintain China's economic health, healthy development, safeguarding our good Image integrity.

    2China's trademark registration process ignored, to avoid China's trademark registration. Trademark registration refers to the use of the trademark in order to obtain the right to use the trademark to the administrative authorities to apply, the trademark administrative authorities after the registration system for the record. Trademark registration is a legal act, must be in accordance with the statutory procedures and conditions, to the trademark authorities to apply for registration in order to obtain trademark rights. China's trademark registration must be in strict accordance with the specific procedures prescribed by law, there is undeniable efficiency there will be some problems, but companies can not because of the cumbersome and inefficient procedures set aside the legal proceedings, while trademark applications But also the macro-control of the executive authorities on the economy, the executive authorities can be a little macro-economic adjustment, and then eliminate those backward enterprises and projects, in addition to constrain the duplication of purposeless purpose, so we should allow trademark registration, To stimulate the enterprises to the relevant administrative departments for registration, so that enterprises of another management and supervision.
    3The trademark use of legal awareness of the weak, did not realize the legal significance of the trademark, for their rights can not be very good protection. Now that we Chinese people's legal awareness is an indisputable fact that many people began to learn to use the law to protect their vital interests, but we also have to admit that some areas, some individual legal awareness of the weak. The sun is bright but there is always a place it does not, China's popularization of the law has received great results, but can not quickly solve all the legal awareness of the problem and legal concepts. It is precisely because some of our people can not use the law to protect their legitimate interests, so there will be trademark registration problem, if we are very strong legal awareness of the people, it is important to protect their rights, early trademark registration , Which there are so many registered trademarks of the problem ah! Therefore, from this level, we allow trademark registration, forcing the public awareness of the escalation of the law, followed by the information may be unequal, resulting in the actual unfair, but we can take time to get way , The implementation of the registration of the seniority, to prove their first use than the other early, and is in the protection of the registration within the limitation can be obtained in accordance with the use of a part of the trademark, so as to ensure efficiency and fairness principle, it can Expand legal advocacy to enhance the legal awareness of the whole society, and also allow our people to take up the legal weapons and foreign infringement to fight!
    4The other, when it comes to trademark registration, it was suggested that trademark registration easily lead to trademark brokers, trademark brokers for squatting, this cyberspace quatting tend to be speculators, they use the opportunity to travel abroad to see To a lot of great potential in the brand to register in their own countries, and wait for the price to be put. In fact, the trademark brokers want to do is to get in the trademark "illegal interests", but in my opinion these interests are legitimate, they want to assess the prospects of these trademarks, but also bear a large part We have no reason to deny the intellectual work of others; and you do not carry out the registration of the trademark will exclude my right to register you, the trademark application for registration rights is not a person Of the exclusive right, the law does not prohibit my registration, but the reality does not allow me to register this is the biggest unfair! In fact, the trademark users do not register more likely to form a trademark broker, trademark brokers is optimistic about the development prospects of your trademark dare to venture capital, that most of them are already registered trademarks for the existence of the registered , So I advocate to allow trademark registration, so that enterprises pay attention to their goodwill, and as far as possible in accordance with the relevant provisions of the law for trademark registration, and enhance the core competitiveness of China's national industry.

    5Although  there are some legal restrictions in China, but I think it should not be illegal, the registration means there is no illegal registration conditions are not illegal, so we should not only focus on the results of equality, it is not practical, But also unscientific, society should provide only a fair competitive environment, to provide an equal basis, information asymmetry we can give due consideration to, through legal publicity, trademark registration to obtain limitation of time and other means to provide the community with a Benign environment, so as to achieve substantial fairness.Trademark registration can bring a new competitive environment, can be active market, prompting enterprises to ensure the quality of products and services, pay attention to the construction of goodwill; can also improve people's legal awareness and legal concepts, but also to promote public attention to self-protection of self- , So the protection of other rights is also a good stimulus; Therefore, in law we should not prohibit the existence of such competition!3Trademark registration can bring a new competitive environment, can be active market, prompting enterprises to ensure the quality of products and services, pay attention to the construction of goodwill; can also improve people's legal awareness and legal concepts, but also to promote public attention to self-protection of self- , So the protection of other rights is also a good stimulus; Therefore, in law we should not prohibit the existence of such competition!

  • leo@chessionlaw.com
  • mike@chessionlaw.com
  • Zhejiang Chession Law Firm, 19th floor of Dingsheng Building,9# of Xuehai Road, Linping, Yuhang, Hangzhou, Zhejiang, China.

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