.9ooo4423 Chapter 881 Resentment

※The intentional manipulation of Fan Dan's disease! Next, several major portals have picked up the matter of the General Administration of the Fanjiu Group's sue for the court, which has caused a lot of discussion.

After all, during this period, some people were still awe of the dignity of government departments. At this time, some companies sued the State Administration for Industry and Commerce, which was indeed quite shocking.

In fact, Fan Wubing has a lot of opinions on the recognition of the country's well-known trademark.

At present, there are many methods for selecting famous brands in China, and they are responsible by different departments. For example, well-known trademarks are evaluated by the industrial and commercial administrative department, and China's world-famous brand products and Chinese famous brands are evaluated by the China Famous Brand Product Promotion Committee.

In addition, some local governments and industrial and commercial departments have overly pursued the number of well-known trademarks. Some local industrial and commercial bureaus have set the grand goal of achieving one county and one well-known trademark within three years. Many people believe that there are currently bad phenomena such as local courts identifying that well-known trademarks are excessive and local governments overly pursued the number of well-known trademarks.

The selection of well-known trademarks is a good thing, which can let everyone know more influential companies, especially those well-known companies that have long been well-known in the industry. This is very good for everyone to compare product quality in similar products and choose the most cost-effective and suitable goal of your own.

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Only when you know what quality the product of a well-known trademark is, will you know whether other products are good or bad. In this way, many other non-famous trademark companies will automatically catch up or even pass by the quality of well-known trademark products.

In this way, a large number of excellent enterprises and high-quality products will emerge within a few years.

Come.

But the current situation is the opposite. The industrial and commercial departments are for collecting money, local governments are for publicity, and enterprises are for profit. After the three aspects are combined, the current well-known trademarks are formed. Even many selected companies have never heard of them. Even companies that have been established for less than two years. After a long time, the TV advertisements are all well-known Chinese trademarks. After watching them, people think that if a company that is not a well-known Chinese trademark comes out at this time, it will be a big deal. Yin ’Advertising In this way, there are too many lice and no bite, but the credibility of the enterprises and relevant departments is left without any remaining.

Another very important issue is that current trademark regulations emphasize passive protection, and there is no protection system for defending trademarks and joint trademarks, which causes trademark rights holders to propose defenses to prevent registration, and there are legal obstacles to joint trademark registration applications.

In addition, the current trademark objection and review system are easily abused, which directly leads to the slow trademark registration process. Some trademarks have a high reputation but cannot be approved for a long time. Some have even been approved for seven or eight years, which is almost close to the ten-year protection period for registered trademarks.

In response to the excessive identification of well-known trademarks and excessive trademark regulations emphasize the passive protection of well-known trademarks. Many industry insiders have said that this will not only limit the construction and exhibition of well-known trademarks in China, but also be unfavorable to the support and protection of national brands in the future.

Fan Wubing also discussed this issue during his conversation with many business people, believing that the protection system for well-known and famous trademarks should be stipulated in the special chapters and sections of trademark regulations. Legal provisions on joint trademarks and defensive trademarks should be added to reasonably guide the right holders of famous and well-known trademarks to register and protect the trademarks or registered trademarks they actually use. The current objection legal procedures should be modified to limit the applicant qualifications and reasons for initiation of objection procedures to better prevent the abuse of objection procedures.

The current difficulties faced by domestic companies in terms of trademarks are not just a problem of domestic protection. The continuous international registration problem is also a very headache.

Many domestic companies have had the problem of trademark registration overseas. The reason why they can have such problems is actually not only related to the company itself, but also closely related to the inaction of certain functional departments of the government.

For a long time, Chinese companies usually only register trademarks in China, while overseas trademark registration is basically represented by foreign trade companies. In recent years, with the deepening of China's foreign trade system reform, most foreign trade companies have been cancelled from the registration rights of overseas trademarks. Previously, trademarks registered by them have been redeemed by companies. Therefore, only about 20% of China's export products have their own trademarks, 30% of enterprises have no trademarks, and the other 50% are private labels.

There are three main situations in trademark registration: First, peers seize the market by registering trademarks. Second, agents obtain exclusive agency rights by registering trademarks and obtain greater profits. Third, they obtain profits by transferring trademarks.

Some overseas trademark registration companies or individuals have the opportunity to resell trademarks, and have derived an industrial interest chain. They are first registered, then speculated, and then forced the company to redeem or resell to the company's competitors.

On the one hand, Xiaolunye provides services to recover trademarks for a paid period. On the other hand, it secretly conducts commercial hype.

The formation of this industrial chain has made the phenomenon of trademark snatching increasingly worse. There are a number of overseas trademark registration companies internationally. They know that trademark registration is easy and difficult to pursue. Moreover, the economic benefits are extremely high and the risks are extremely low, making large-scale trademark registration a means for some companies to make profits, such as in Canada, there are Chinese time-honored trademark transfer companies.

Due to the indifferent trademark awareness of most Chinese companies and unfamiliar with international trademark laws, on the one hand, foreign trade companies are less enthusiastic and likely to help companies register and protect trademarks. On the other hand, companies need an adaptation process from applying for trademark registration in China to taking into account both domestic and overseas applications. Some companies even suspend trademark registration work. This has led to more and more Chinese trademarks being registered overseas and forced to withdraw from the local market. In addition, the discomfort caused by institutional transition is also an important reason why domestic companies are frequently registered during the process of going global.

Among the many trademark registration cases that have been born now, the most influential one is the Hisense case.

Last year, Siemens registered a "small trademark" in Germany.

Now, Hisense is about to enter the European market, but it encounters trademark problems. Through contact, Siemens said that it requires a trademark transfer fee of up to tens of millions of euros.

Similar to Hisense, many mainland companies are negligent in trademark protection and do not realize the importance of trademark intellectual property rights. Once a trademark is registered, it must be proved that the other party is maliciously registered before it can be revoked according to relevant procedures.

Now the mainland trademark has entered the peak period of being registered overseas. Once a well-known trademark is registered, it will cost a huge price to retake it. If it is not reclaimed, it will face the fate of being sued for infringement or withdrawing from the existing market.

In fact, registering a trademark abroad usually costs 800 to 2,000 US dollars. For a large company, it is nothing. A meal is just this price, and sometimes it is not enough.

There are two main ways to apply for overseas trademark registration: one is to pass the Madrid international registration system. China has joined the system ten years ago. As long as it costs 100,000 yuan, it can register trademarks in more than 70 countries and regions around the world. The other way is to apply directly to the country where it is located, and after registration, it can only be protected in that country.

The "Protecting Industrial Property Rights Paris Blatant" stipulates that if one party still does not have sufficient evidence to prove that the other party is unfair competition within five years, it can only use huge amounts of funds to redeem the trademark. If Hisense cannot prove that the Siemens trademark is malicious registration within five years, then the "trademark will threaten Hisense like a "time bomb" that may explode at any time.

Unless Hisense is not exhibiting in Germany or Europe, Siemens' behavior will be like a stumbling block, making Hisense's overseas market strategy difficult.

When Siemens registered a trademark in Germany, the trademark was related to Hisense's

"Trademarks only have upper and lower case differences in the letter "" in the middle. However, Hisense's products were limited to Europe at that time, so they were not affected much. Yin 'Advertisement Hisense's overseas sales have been growing well recently, and the trademark problem has seriously hindered Hisense's products' entry into the German market.

During the negotiations with Siemens, Hisense proposed to buy the "old" trademark, but the trademark transfer price of Siemens opened at tens of millions of euros made Hisense unacceptable. In fact, Siemens registered a smaller trademark, which was a trademark. It was precisely to prevent Hisense from entering the European market.

In fact, as early as ten years ago, the Chinese government submitted a notice to the World Intellectual Property Organization to join the Madrid Agreement on International Registration of Trademarks, which officially came into effect for China in the same year.

The Madrid Agreement provides trademark applicants with low-cost, high-efficiency and easy-to-operate international trademark registration channels, with the characteristics of submitting one application and paying one fee in one language. Applicants only need to submit trademark registration applications and payments to the International Bureau of the World Intellectual Property Organization through their national trademark registration authority, and they can obtain exclusive trademark rights from other parties within the specified time.

After joining the Madrid Agreement, compared with traditional national registration, it can save a lot of time and expenses for domestic enterprises. The high efficiency and ease of operation of international registration of Madrid trademarks is also a strong support for many companies involved in the international market to obtain trademark protection internationally.
Chapter completed!