The New Trademark Law Is About To Be Promulgated. Experts Interpret Trademark Cases.

< p > Royal Tianjin Le Hong plastic profile Manufacturing Co., Ltd. is a company that produces high-grade profiles and doors and windows. In the first two years, it acquired a famous foreign enterprise, but when it applied for the "graphic" trademark which was widely used by the enterprise and widely used abroad, it has been applied by a natural person in China.

The survey found that the applicant had a kinship with a customer who had business dealings with royal Lok, so Royal objection to the Trademark Office of the State Administration for Industry and Commerce suggested that the applicant still had the same trademark application in the case of knowing the existence of the trademark and had the suspicion of deliberate rush.

At present, the objection is being heard, and the same trademark that royal Le Hong applied for has been approved by the trademark office.

< /p >

< p > < strong > - Comment < /strong > < /p >

< p > "over the years, the" a href= "http://www.91se91.com/news/index_c.asp" rush registration "/a trademark has been repeatedly banned. The reason is that the act of rush registration is becoming more and more obscure.

The revision of the trademark law clearly includes the "implicit rush registration" in the provisions of the law, which will play an effective deterrent role in the rush taking behavior and achieve the goal of building an honest society.

Michael said before.

< /p >

< p > < strong > rush registration trademark does not use unclaimed claim < /strong > < /p >

< p > the old trademark law stipulates that after the trademark infringement is identified, it is claimed that "a href=" http://www.91se91.com/news/index_c.asp "infringement" /a "claims for compensation can be determined by the actual loss of the infringed party and the interests of the infringer.

"In other words, whether the registered person is used or not, it is possible to get compensation, which gives the snatch an opportunity to take advantage of it. If the infringer is a registered trademark, he does not use it, but the purpose of extortion is likely to be unable to be restricted.

The new law stipulates that the infringer can be exempted from liability if the registrant himself does not use it. If the infringer can prove that the trademark has been used and has a certain reputation before the infringed trademark is registered, it can also be allowed to continue to be used in the original scope. This provision makes trademark protection mainly rely on the registration principle, changing to focus on the protection of actual use, and the praise of the principle of good faith.

Micah told reporters before.

< /p >

< p > < strong > - Case - < /strong > < /p >.

< p > Tianjin City dog decoration Chemical Co., Ltd., its legal representative established the Tianjin Jinhai special adhesive factory in 1993, and registered "Tian dog" trademark on the "adhesive" products.

Later, when the enterprise was restructured, due to the lack of relevant legal knowledge, the "Tian dog" trademark was pferred after the original enterprise was cancelled. The result was that a natural person in Shenyang proposed improper pfer and demanded the cancellation of registration. Eventually, the trademark that had been used for many years was revoked, and the natural person in Shenyang registered a success.

The natural person registered the trademark "Tian dog" and then filed a civil action against the "dog" trademark on the "adhesive" by tangle Decoration Co., Ltd., claiming that it infringed its trademark exclusive right and demanded compensation of more than 200 yuan.

The court held that the plaintiff did not actually use the trademark, and the defendant had established a specific cognitive relationship with the customers and consumers after being used for a long time. Therefore, a slight modification can make a difference from the plaintiff's trademark. Although the defendant was guilty, he did not cause the plaintiff's actual loss.

Therefore, the defendant shall not bear other liability for compensation except for some of the expenses incurred by the plaintiff.

< /p >

< p > < strong > - Comment < /strong > < /p >

< p > "although the accused of this case has lost the registered trademark, it has established a good reputation and recognition in the market for its long term use. According to the new trademark law, it can continue to be used in the original scope.

Although the plaintiff has obtained the trademark registration, but has not actually used it, obtaining improper compensation through litigation is obviously contrary to the legislative purpose of the law.

It is reported that the defendant received a lesson and had recently applied the "concrete interface treatment agent" with the largest market sales to the trademark "Tian dog" and approved it.

Michael said before.

< /p >

< p > < strong > trademark infringement < /strong > < /p >

< p > < strong > new law, increase punishment intensity < /strong > /p >

"P > < a href= 'http://www.91se91.com/news/index_c.asp' > trademark law < < /a >. The administrative penalty and fine amount of the trademark infringement shall be fined below three times the original illegal business amount, which is raised to a fine of less than five times the illegal business amount.

< /p >

< p > the amount of compensation for trademark infringement has been changed from one original to three times the original amount of illegal business or the same amount of compensation due to the loss of infringement, and the legal compensation of the original 500 thousand yuan has been raised to less than 3 million yuan.

< /p >

< p > < strong > trademark application > /strong > /p >

< p > < strong > within one year, get the registration certificate < /strong > < /p >.

< p > "anyone who has applied for a trademark knows that in the past, a trademark was applied for less than two or three years, and more than four or five years. Sometimes a trademark registration certificate has not yet been obtained, and the enterprise has changed or closed down.

If there is a hostile objection, not only will the rights be undetermined, but also people will be able to see others using their own trademarks and not stop them. The time dragged on for ten years and eight years is also very common.

Said Micah.

< /p >