In the hardware market, the competition is becoming more and more fierce, and intellectual property protection is getting more and more attention. Today, how to use intellectual property to protect themselves has become an important issue.
Generally speaking, intellectual property rights, in accordance with international practice, generally include intellectual property rights including industrial property rights and copyrights. Industrial property rights mainly include exclusive rights such as invention patents, utility model patents, design patents, trademarks, service marks, manufacturer names, and appellations of origin. Copyright mainly refers to the rights of the author to sign, publish, use, and license others to use and receive remuneration for their literary works. For enterprises in the abrasives industry in China, the most common intellectual property rights at the same time, and the most basic intellectual property rights, should be trademark rights and patent rights.
Protection of trademark exclusive rights: the principle of applying for prior is particularly important
The acquisition of the exclusive right to use trademarks in China must pass the registration procedure of the competent national authority, that is, if a company wants to enjoy the exclusive right to use the same goods in the process of producing the same goods or providing the same service nationwide, it must promptly apply to the national industry and commerce. The Trademark Office of the General Administration of Management has filed an application for registration of the trademark.
In the process of applying for a trademark, the filing date is a very important factor, because China applies the principle of prior application in principle, that is, if other individuals or companies apply earlier than you, even if they apply for the same or similar trademark only one day earlier. The trademarks submitted after this application are basically not registered. Although in some special cases, our country also applies the principle of prior use, this is only for the case where different applicants file the same or similar trademark application on the same day. Therefore, with regard to the experience of many years of application for trademark exclusive rights, it is recommended that after determining the name of the trademark, the enterprise should file an application for registration within the first time, and pay attention to the confidentiality work before the registration of the trademark to prevent others from maliciously squatting the trademark of the enterprise.
The phenomenon of trademark squatting is not uncommon, and all walks of life occur from time to time. Many of them are rushing to pay attention to some well-known trademarks in related industries, commonly known as "å‚å牌" and "scratch the ball".
But the most common is the squatting of the other's brand or creativity between competitors in the same industry. As early as January 11, 1999, Bosch-Siemens, a subsidiary of the Siemens Group, was the first to register the “HISENSE†trademark of Hisense Group, a well-known enterprise in the home appliance industry in Germany. So far, two well-known home appliance companies have been fighting for trademarks for six years. In 2004, Siemens asked Hisense to pay a transfer fee of up to 40 million euros (equivalent to 400 million yuan).
Hisense also used the anti-squatting trademark of the other party as a means of counter-measure, but the counter-insurance was ineffective. On the one hand, Hisense sought legal channels and sought help from the Ministry of Commerce. Although the negotiations between the two sides ended smoothly with the intervention of the Ministry of Commerce, Hisense spent a lot of resources in the trademark squatting incident, which led to a certain negative impact on its brand reputation, which also allowed the company to protect its own intellectual property rights. Deep reflection.
In the abrasives industry, there are a small number of companies that do not pay enough attention to the protection of trademarks. When a new company or a company launches a new product, the product is first sold in the market for a period of time. If the sales volume is good, the trademark will be considered for registration protection.
As everyone knows, there is a big risk in this way: if the trademark has not been registered by others, then the trademark of the company itself will be used after a period of time. It is fortunate to be able to approve the registration. I am afraid that the trademark is already someone else. The trademark was registered first, and a lot of production and sales have been carried out because the company does not know the situation. Then, in the end, there may be infringement lawsuits or compensation for infringement of the trademark exclusive rights of others. In practice, the exclusive right to apply for trademarks will cost less than two thousand in the previous period, and the inadvertent infringement caused by the unregistered production and sales will be unpredictable.
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