Chapter 881 Resentment

4423 Chapter 881 Resentment

※Intentional manipulation of Van Dan disease! Next, several major portal websites singled out the matter of Fenjiu Group's Paoding Liepang General Administration taking to court, which caused a lot of discussion.

After all, during this period, some people in the husband were still in awe of the majesty of government departments. At this time, a company actually took the State Administration for Industry and Commerce to court, which was indeed quite shocking.

In fact, Fan Wubing has strong opinions on the recognition of this country's well-known trademarks.

At present, there are multiple domestic famous brand selection methods, each of which are responsible for different departments. For example, well-known trademarks are evaluated by the industrial and commercial administration department, and China's world famous brand products and Chinese famous brands are evaluated by the China Famous Brand Products Promotion Committee.

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

The selection of well-known trademarks is a good thing. It allows everyone to learn more about influential companies, especially those well-known companies that have long enjoyed a high reputation in the industry. This helps everyone compare product quality within similar products. It’s good to choose the price-performance ratio that best suits your goals.

Only when you know the quality of products with well-known trademarks can you know whether other products are good or bad. In this way, many other non-well-known trademark companies will automatically use the quality of well-known trademark products as a standard to catch up or even surpass.

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

Come.

But the current situation is that the Internet is the opposite. The industrial and commercial departments are here to collect money, the localities are here for publicity, and the companies are here for profit. After the three aspects were combined, the current well-known trademark was formed. Even many of the selected companies had never heard of it, even companies that had only been established for two years. Over time, all the trademarks appeared on TV advertisements. There are well-known Chinese trademarks all over the floor. After seeing them, it makes people think that if a company that is not a well-known Chinese trademark comes out at this time, it will attract attention. Yin·’ Advertising In this way, if there are too many lice, they will not bite people, but the credibility of enterprises and relevant departments will not be left at all.

Another very important issue is that the current trademark regulations emphasize passive protection and do not have a protection system for defensive trademarks and joint trademarks. This has caused legal obstacles for trademark rights holders to file defense and joint trademark registration applications in order to prevent squatting.

In addition, the current trademark opposition and review system is prone to abuse of rights, which directly leads to the slowness of the trademark registration process.

Some trademarks have been very well-known but have not been approved for registration for a long time. Some have even not been approved for seven or eight years, almost approaching the ten-year protection period of registered trademarks.

Many people in the industry have expressed that the current over-identification of well-known trademarks is excessive, trademark regulations place too much emphasis on the passive protection of well-known trademarks, and some well-known trademarks that are still in the growth and development stage are not protected by legislation. This will not only restrict the construction and development of domestic well-known and famous trademarks, but will also be detrimental to the support and protection of national brands in the future.

Fan Wubing also discussed this issue in conversations with many people in the business community, and believed that there should be a special chapter and section in the trademark laws and regulations to provide for the protection system of well-known and famous trademarks. The legal provisions on joint trademarks and defensive trademarks have been added to reasonably guide the rights holders of famous and well-known trademarks to register joint trademarks or defensive trademarks for protection of their actually used trademarks or registered trademarks. Modify the current opposition legal procedures to limit the applicant qualifications and reasons for starting the opposition procedure to better prevent the abuse of the opposition procedure.

The current dilemma faced by domestic enterprises in terms of trademarks is not just a matter of domestic protection. The problem of continuous squatting in international registrations is also a headache.

Many domestic companies have experienced the problem of trademarks being registered overseas. The reason why this problem occurs is actually not only related to the companies themselves, but also to the inaction of certain functional departments of the government.

For a long time, Chinese companies usually only register trademarks domestically, while overseas trademark registrations are basically handled by foreign trade companies. In recent years, with the deepening of the reform of China's foreign trade system, most foreign trade companies have been deprived of the right to register overseas trademarks. Trademarks previously registered through them require companies to spend money to redeem them. Therefore, only about 20% of China's export products currently have trademarks. For their own trademarks, 30% of companies do not have trademarks, and the other 50% are OEMs.

There are three main situations of trademark squatting: First, peers seize the market by rushing to register trademarks. Second, agents obtain exclusive agency rights by preemptively registering trademarks and gain greater profits. The third is to obtain profits by transferring trademarks.

Some overseas trademark registration companies or individuals, seeing the business opportunities in trademark reselling, have spawned an industrial interest chain. They first rush to register, then speculate, and then force the company to redeem or resell to the company's competitors.

For others, Xiao Lunye provides paid trademark recovery services. On the other hand, they secretly carry out commercial speculation.

The formation of this industrial chain has intensified the phenomenon of trademark law-breaking. There are a number of overseas trademark registration companies in the world. They know that trademark squatting is easy but difficult to pursue. Moreover, the economic benefits are high and the risks are extremely low, making the massive trademark squatting a means for some companies to gain profits. For example, in Canada there are Chinese time-honored trademark transfer companies.

Since most Chinese companies have a weak trademark awareness and are unfamiliar with international trademark rules, on the one hand, foreign trade companies are less motivated and less likely to help companies register and protect trademarks. On the other hand, companies need an adaptation process from applying for trademark registration domestically to taking into account both domestic and overseas applications. Some companies have even suspended overseas trademark registration. As a result, more and more Chinese trademarks have been preemptively registered overseas and forced to withdraw from the local market. In addition, the inadaptability caused by the system transition is also an important reason why domestic companies are frequently preemptively registered in the process of going global.

Among the many trademark preemptive registration cases that have occurred, the most influential one is the Hisense case.

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

Now, Hisense wants to enter the European market, but it has encountered trademark problems. Through contact, Siemens said that it requires a trademark transfer fee of tens of millions of euros.

Similar to Hisense, many mainland companies are negligent in trademark protection. They 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 mainland trademarks have entered the peak period of being registered abroad. Once a well-known trademark is registered, it will cost a huge price to get it back. If it is not taken back, it will face the fate of being sued for infringement or withdrawing from the existing market.

In fact, registering a trademark abroad generally costs 800 to 2,000 US dollars. For a large enterprise, it is basically The cost is nothing, a meal is the same price, sometimes not even enough.

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

The Paris Declaration on the Protection of Industrial Property stipulates that if one party still does not have sufficient evidence to prove that the other party is engaging in unfair competition within five years, it can only redeem the trademark with a huge amount of money. If Hisense cannot prove that Siemens' trademark is maliciously registered within five years, then the "BI" trademark will threaten Hisense like a "time bomb" that may explode at any time.

Unless Hisense does not exhibit in Germany or Europe, Siemens' behavior is like a stumbling block. It makes Hisense's overseas market strategy difficult.

When Siemens registered the "bia" trademark in Germany, the trademark and Hisense's "bia" trademark only differed in uppercase and lowercase letters in the middle. But at that time, Hisense's products were limited to exports to Europe, so it was not greatly affected . Yin·' Advertisement Recently, Hisense's overseas sales have been growing at a gratifying pace, but the trademark issue has seriously hindered Hisense's products from entering the German market.

In the negotiations with Siemens, Hisense once proposed to buy the "old" trademark, but Siemens's trademark transfer price of tens of millions of euros was unacceptable to Hisense. In fact, Siemens registered the trademark. It was to prevent Hisense from entering the European market.

In fact, as early as ten years ago, the Chinese government submitted a notification to the World Intellectual Property Organization to join the Madrid Agreement Concerning the International Registration of Marks, and the agreement officially came into effect in China in the same year.

The Madrid Agreement provides trademark applicants with a low-cost, high-efficiency and easy-to-operate international trademark registration channel, which has the characteristics of using one language, submitting one application and paying one fee. Applicants only need to submit trademark registration applications and pay fees to the International Bureau of the World Intellectual Property Organization through their own trademark registration authorities, and they can obtain exclusive trademark rights in other contracting parties within the specified time.

After joining the Madrid Agreement, compared with the traditional registration of each country one by one. It can save a lot of time and money for domestic enterprises. The high efficiency and ease of operation of Madrid international trademark registration can provide strong support for many enterprises involved in the international market to obtain trademark protection internationally.

The reason why Fan Wubing has a grudge against the industrial and commercial departments is that he thinks they do too little work in this area. Even if they are paid to do things, they should at least publicize the common sense in this area, right? After all, how many domestic enterprises know what the Trademark Office does? "Today's third update is sent to one... one