We all know that there are always some criminals in society who specialize in taking advantage of the law to make ill-gotten gains, and their methods are also diverse, and even trademark registration can be considered one of them. After registering a trademark, the trademark registrant enjoys exclusive rights to the trademark it registered, and many startups have not noticed the trademark problem at first. Some companies use this as the "way to survive" and "protect rights" by registering trademarks for a large number of "rights" Blackmail, and many companies have to choose to "compromise" because they cannot withstand the "storm" and pay usage fees, which has encouraged these companies to "beat" to register trademarks.
This group of people is also collectively called trademark professional registerers.
Not only in China, but in recent years, there are countless cases of Chinese corporate trademark registration overseas: "Dabao" was registered by the Dutch; "Red Star" Erguotou wine was registered by British companies; "Du Kang" wine, "GONGHUA" chain, "Longjing" Tea is registered in Japan...
Recently, another Amazon seller complained that the trademark was maliciously registered. Not only was it complained and removed from the shelves, but it was also extorted as much as 80,000 euros (equivalent to RMB 549,548) !
(Photo source: Zhiwubuyan Forum)
According to the seller's news, this trademark has been registered in US and EU and UK zones in 2018, and has been successfully registered on Amazon. It seems that everything is foolproof, but the "trademark hooligan" is everywhere.
This product is indeed in the trademark category, but the product sales are equipped with accessories, and accessories do not belong to this category. The problem arises - the accessories trademark is stolen!
"Trademark Rogue" first used accessories as products to register the trademark of the same name, and then used this accessories trademark to complain to the seller's details page, and finally successfully complained, resulting in the seller's product being removed from the shelves!
(Photo source: Zhiwubuyan Forum)
Then, the trademark gangster threatened the seller: "Do you want to appeal? If you repeatedly complain, I will ask the lawyer to issue a quick temporary ban in Germany, requiring your account to be frozen , let Your account has been blocked for 28-45 days, so that all your account links will be removed from the shelves! "
(picture Source: Zhiwubuyan Forum)
I believe many sellers Can't swallow this, but unfortunately the reality is A seller was exhausted from appealing, chose to compromise, was extorted for 80,000 euros, and traded the trademark!
(Photo source: Knows and Do not speak forum)
As more and more Chinese companies go abroad, more and more Chinese companies choose to register trademarks overseas.
is just, when applying for trademark registration of , everyone must be vigilant and make scientific arrangements. cannot only focus on the immediate needs, but should consider all aspects, make certain plans for the future in advance, and lay the foundation for the trademark layout in advance.
For example, if you are an Amazon seller, you plan to open a US station this year, a European station next year, and a Japanese station the year after, you have to register the trademarks of these regions in advance. It cannot be said that you will develop it to one place and then register another trademark. It is easy to lay various hidden dangers for the company's later development.
In addition to considering regional factors, we must also pay attention to the impact of the category. For example, now it is selling mobile phones, and it may also sell other product accessories in the future, and it may also sell clothing and lamps in the future. In this case, when registering a trademark, you cannot only consider the trademark attributes of a certain type of product, but also register other trademark categories that may be involved. The cost of registering a trademark of
is not high, but if you are reluctant to give up this money, you may face greater rights protection costs in the future.
Of course, if you are unfortunately caught, when facing extortion from trademark squatters, you can choose to name another name and reopen the stove and return to the market with a new brand image; you can also choose to compromise and accept the quotes given by the other party. , spend money to avoid disasters.Both of these options can solve the problem. It’s just that one chooses to lose the existing brand value, and the other is that it’s inexplicably a large amount of expenditure.
Borrowing judicial resources to maliciously sue and seek improper benefits with trademark rights. This kind of profit-oriented and unscrupulous behavior will never be respected by society or protected by law. If you encounter malicious litigation, please do not let it be merciless and encourage its behavior. Be sure to take up the weapons of the law and safeguard your legitimate rights and interests. Gaowo has a professional intellectual property service team, providing you with one-stop service from application to litigation. (I have prepared a comprehensive trademark layout plan. If you need it, please obtain it according to the source marked at the end of this article, so that your trademark layout will not go astray)
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Source | Beijing Gaowo Intellectual Property (ID: gaowoip-com)
Edit | Beijing Gaowo Intellectual Property (ID: gaowoip-com)
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