With the continuous improvement of China's trademark legal system and the increasing awareness of trademarks in the whole society, the number of domestic trademark registration applications has increased rapidly in recent years. In 1980, the number of trademark registration applications was only over 20,000, and in 1993 it reached 132,000. In the five years from 2000 to 2004, the number of trademark registration applications has successively jumped over the four milestones of 200,000, 300,000, 400,000 and 500,000 respectively. More than 1 million pieces. The total number of trademark applications in my country will exceed 8 million.
While the protection of domestic trademarks and brands is in full swing, we must also see that our national brands are constantly being maliciously squatted abroad. In recent years, Chinese companies have not paid less tuition fees. When entering the international market, they encountered almost harsh intellectual property inspections, were tossed miserably, and even received huge fines. If the brand is squatted, it will mean losing the market of this country (region). And re-registering a trademark, re-branding a brand and then entering the country (region), the cost is very high.
In 2010, the fact that "Zhenjiang balsamic vinegar" was almost registered as a Korean trademark by Koreans caused a strong reaction in the society. The issue of international registration of trademarks for export commodities also attracted public attention. In addition, time-honored brands are often maliciously squatted. In 2006, Beijing's time-honored brand "Wang Zhihe" was squatted by a German company. It took China 820 days and nearly 1 million euros to finally win the "first case of overseas rights protection for China's time-honored brands". Some Chinese brands with completely independent intellectual property rights have inexplicably become "foreign goods": "Phoenix" and "Flying Pigeon" bicycles have become "Made in Indonesia"; "Red Star" Erguotou has become "EU product"; "Hero" brand Stationery is "Japanese goods"; "Tongrentang", "Big White Rabbit", "Tianjin Guifaxiang Eighteenth Street Twist", etc., have also been squatted. According to statistics, at least 15% of China's corporate trademarks are registered overseas.
So, how should Chinese companies deal with malicious squatting overseas?
First, it is necessary to improve the awareness of intellectual property protection. According to data, only 21% of my country's export products have registered trademarks overseas. The figures released by the "World Brand Lab" show that 46% of the "China's 500 Most Valuable Brands" are not registered in the United States, and 76% are not registered in the EU! "Principle, that is, whoever registers in a country first, has the priority of the trademark in that country. In this case, take appropriate remedial measures as soon as possible for trademarks that have been traded in overseas markets; register trademarks locally to protect their own brands in a timely manner. For trademarks that are about to enter the overseas market, they must be registered in advance and in time.
Second, it is necessary to regularly register defensive trademarks, and adopt the method of "one type of commodity, one trademark, one application" to prevent their legitimate rights and interests from being infringed. Firmly establish the concept of "marketing before moving, trademark first", that is, first registering the trademark in the predetermined target country and then selling. Marketing activities
Third, strengthen the monitoring of domestic and overseas markets, pay close attention to the "Trademark Announcement" issued by the State Administration for Industry and Commerce. If you find a trademark that is identical or similar to your own, you must file an application for opposition to the State Administration for Industry and Commerce in time; entrust a trademark agency to conduct market monitoring. , to detect overseas infringement information in time. Ensure that your own brand interests are not affected
The frequent red light of intellectual property rights not only affects the development of Chinese enterprises, but also affects the comprehensive transformation from "Made in China" to "Created in China". When a trademark is squatted overseas, compared with being squatted in China, it is more expensive and more difficult for enterprises to protect their rights. At present, China is in a critical period of economic transformation. Enterprises want to make their brands bigger and stronger, and it is even more urgent to register overseas trademarks.