Is the trademark registered legally, the trademark protection lawyer professional answer

    As the market competition becomes more and more intense, people pay more and more attention to trademark copyright, leading to many enterprises will choose the way of trademark squatting to combat competitors, then is trademark squatting legal? Professional answers given by trademark lawyers:

    Trademark squatting is illegal. The meaning of "trademark squatting" has gone through two stages of development. In the first stage, the object of trademark registration is basically limited to unregistered trademarks. At the present stage, the connotation of trademark squatting has been further expanded. The act of applying for registration of other people's well-known trademarks or well-known trademarks on non-similar goods or services also belongs to squatting. Furthermore, it can be considered that the application for trademark registration of other prior rights such as innovative design, design patent, enterprise name and shop name, short name of listed company, etc., should also be regarded as trademark squatting ". However, due to the different objects of squatting, the legal principles involved are also different: the former is the dispute between "application first" and "use first" of the trademark, and the main issue involved is the principle of occurrence of trademark right; The latter is mainly about the protection scope of "prior trademark right" and the protection of "other prior rights", and also touches on the occurrence principle of trademark right.

    How to prevent trademark squatting

    First, we must do a good job in the registration of enterprise trademarks. Now it is more economical to choose a professional trademark firm as the "trademark consultant" for long-term cooperation.

    Second, to do a good job in the use of enterprise trademark evidence preservation work. This evidence may be used for future trademark review and opposition.

    Third, in the early stage of the establishment of an enterprise, the company may consider synchronizing the name and trademark to effectively prevent others from trademark registration; If the enterprise is on the right track, the enterprise name can be changed to the existing trademark name if necessary.

    Fourth, the trademark "big space". To occupy every position in each category of trade marks and obtain exclusive rights to use the trade marks of all goods. Fifth, "defensive placeholder", own trademark together with other patterns and words of similar shape and sound are registered as trademarks, to prevent other enterprises from borrowing.

    In the past, people did not attach enough importance to copyright trademark, but now for product, the brand is really important, this is a key consumer to distinguish the goods and other products, in reality there is no lack of trademark registered behavior, these actions are illegal behavior, but also need the trademark rights lawyer is analyzed according to particular case, if constitute the infringement, the right side can be through judicial means to safeguard their own rights and interests, when necessary, the trademark rights lawyer can help you, help you solve the problem of infringement.