Which "Prior Rights" Have Hindered Your Trademark Registration?

When applying for a registered trademark, a lot of cases can not be registered, and one of the prior rights can not be infringed upon.

This prior right is not a failure to apply for a registered trademark at all, but is likely to occur during or after registration. Therefore, it is not recommended for enterprises to register.

The following world clothing shoes and hat net Xiaobian will introduce some of the first used unregistered trademark rights, which is different from the prior right to apply for first registration.

1. prior enterprise name,

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The name of an enterprise that has been registered, used and has a certain reputation is protected by law.

If you apply for registration as a trademark with the same or almost identical name of another enterprise, it may lead to confusion of the relevant public, resulting in damage to the interests of the prior owner of the enterprise, and infringing upon the right of another person's enterprise name.

The famous "Red Dragonfly" dispute belongs to this kind of situation. Two enterprises, one is the enterprise name, one is the trademark name, the wonderful flower is the two exist simultaneously, and the court has also made N times, the trademark "Red Dragonfly" enterprise is also blocked by another company's prosecution listing.

2. first appearance design

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Others enjoy the patent right for their lawfully obtained designs and are protected by law.

Without the permission or authorization of the patented owner of the design, the use of other designs as trademarks in the same or similar commodities is a violation of the prior patent rights of others.

3. prior copyright.

This has been specially explained before.

Without the permission of the copyright owner, the copyright work of another person shall be used as a trademark, and shall belong to the infringement of the prior copyright of others.

4. portrait right.

The right of portrait of a natural person can not apply for a registered trademark without permission.

However, if the company is different, for example, the trademark of Lao Gan Ma is Tao Bihua's portrait and name.

Five

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The names of natural persons can not be regarded as trademarks or trademarks unless they are permitted.

There are Jordan and Jordan sports in this area, but Jordan is a foreign citizen. Our law does not protect foreigners' right to name, so Jordan did not win the prosecution.

But Chinese sports stars, Liu Xiang and Ningbo Tao have encountered such a thing.

6. the right to special marks.

According to the regulations of the State Council on the management of special signs, special marks refer to the names and abbreviations, emblem, mascots and other symbols used in the national and international cultural, sports, scientific research and other public welfare activities approved by the State Council.

The special marks approved and registered by the international administrative department for Industry and Commerce (Trademark Office) shall be protected by law.

7. the right name, packaging and decoration rights of well-known commodities.

The name, packaging and decoration rights of well-known commodities also have the function of distinguishing the source of commodities. Therefore, the anti unfair competition law protects them, which belongs to one of the prior rights.

Later Wang Laoji and JDB were mainly arguing about the right to decorate, and later, under pressure, he changed the packaging into gold.

8. the right to Olympic logo.

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In December 1st, the Guangzhou Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Guangzhou center of the trial Association), the Guangzhou Office of the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Guangzhou Office of the Trademark Office) and the opening ceremony of the national trademark brand innovation and Entrepreneurship (Guangzhou) base were held at the Yuexiu District Liuhua exhibition hall in Guangzhou city.

This means that trademark applicants in Guangdong and even Southern China can directly go to the center to handle related businesses.

The main tasks of the Guangzhou Office of the Guangzhou Association and the Trademark Office are entrusted by the Trademark Bureau of the General Administration of industry and commerce to carry out on-site acceptance, consultation, application for trademark registration, and publicity and consultation services of trademark laws and regulations.

SAIC pointed out that the first trademark inspection and cooperation center in Guangzhou was set up in China to solve the contradiction between the sharp increase in trademark application and the serious shortage of censorship, so as to provide efficient, convenient and high-quality service for trademark registration applicants, and strive to improve the level of trademark public service.

In April this year, a "trademark registration certificate did not appear for 7 months, and the reason for the lack of paper" caused public outcry, and also exposed the backlog problem of trademark registration.

At present, the national trademark registration business is concentrated in the Trademark Office, and the trademark applicant needs to go to Beijing or the principal agent to go through it.

The Guangzhou center is the first foreign trademark inspection cooperation center in China. The trademark registrant can directly handle trademark registration.

In the future, trademark applicants in Guangdong and even Southern China can handle trademark registration in Guangzhou.

"After the establishment of the Trademark Review cooperation center in Guangzhou, Guangzhou has windows to deliver materials directly, saving business hours."

Liang Xiaoping, director of the Trademark Office of the Guangzhou industrial and commercial bureau, analyzed that the cost of agency was eliminated by the enterprises themselves, and there were nearly 2000 trademarks of large enterprises. The annual agency fees for new applications, alteration and pfer of trademarks could be as high as several hundred thousand yuan.

At the same time, trademark review cooperation Guangzhou center is a nationwide institution.

Liang Xiaoping introduced that about 2800000 applications for trademark registration nationwide last year were all concentrated in Beijing, while only five hundred or six hundred censors were available.

After the establishment of the Guangzhou center, the workload of Beijing can be shared.

The centre of Guangzhou has recruited 117 people in the first phase, and the number of personnel will reach more than 400 after development, with 1 million tasks per year.

The legal period for trademark review is 9 months. After the establishment of the Guangzhou center, it is expected that the time will be further compressed.

For more information, please pay attention to the world clothing shoes and hats and Internet cafes.