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IT industry how to protect the brand is not infringed

AddTime:2015-12-21 14:19:54   Views:     【 Big Mid Small 】   Print   Close

Consumers in the selection criteria of goods is often only a simple reason - brand, and the first step is to brand, products tailored a known "trademark", to give their products a out of the ordinary "name", but is this "name", if you want to get a good and not by tort, is not an easy thing, the slightest mistake may also lead to a trademark battle.
Trademark, as an important part of intellectual property, the biggest characteristic is that it is a kind of intangible property right. Because the trademark rights are infringed, it is not easy to be found. Because the benefit of the brand needs a long time to come out, so many enterprises in the beginning of development often do not pay attention to their own brand, because the enterprise can not feel the value.
But if the infringement is not timely control, will be more and more influence on the enterprise, finally may have a certain impact on human rights market. If the enterprise painstakingly found people violated their rights, to claim the rights, often affect the formation has been very difficult to restore.
The reason is, the first is that the enterprise claims may be very difficult; the second is the enterprise even if they claim their own rights, the impact of its own has been produced, the infringement has been caused, and then make up for it will be very difficult; third is the goodwill of the enterprise itself.
In particular, for a number of high-end brands, it is to prove the quality of their own brand or positioning high-end prices, and the choice of the brand is a kind of identity, and this identity is more marked in a specific circle of people who have acquired a certain identity, and with the emergence of counterfeit goods, this can not afford the price of this product is very low, and it can not afford to buy this brand of people, once considered the brand can not be a symbol of his identity or the circle, which is not to choose this brand of people..
And in a few years ago, many domestic enterprises to not pay special attention to brand protection. And in both domestic and international, many domestic enterprises have gone to Beijing. A special clothing company, the company was founded at the beginning and did not apply for a registered trademark. After ten years of development, the the company's business scale is getting bigger, but found himself has been in the use of the trademark has been his rival, another Beijing clothing company registered first, this also means that the first company no longer in the clothing and footwear category using this trademark has been used for over ten years. This loss can be said to be irreparable.
Once registered by others, to the enterprise, virtually will have many troubles and cost.
Perhaps, we still remember the lessons of the.1999 Hisense, Bosch - Siemens group company registered "HiSense" trademark in Germany. There are small differences between the Hisense trademark and the trademark "Hisense" only in the middle of the letter "S", registered trademark is capitalized, and authentic Hisense trademark is a lowercase. The trademark dispute lasted until 2005, culminating in Chinese officials of the Ministry of commerce under the mediation, Hisense reached a settlement agreement with BSH, BSH agreed to be registered in all regions of Germany and the European Union's "HiSense" trademark be transferred to the Hisense group, at the same time to revoke trademark litigation Hisense, Hisense group BSH trademark revoked for all the application for registration. In the trademark battle, to pay the transfer to Hisense BSH up to "6 digit" Euro fee for the ending.
If, Hisense earlier in foreign countries will consider its trademark registration, Is it right? Can avoid the trademark is registered, which saves up to 6 digits of the transfer fee and up to 6 years of strife? But we know that, if not only the consequences. Especially in vary from minute to minute commercial war, a little careless, lost what is perhaps the only body in which the enterprises themselves know.
Therefore, if the enterprise wants to grow its own brand, trademark registration work must be well in advance. Not many enterprises in the domestic awareness now, registration protection is good, but he is bigger, thought abroad, found that trademark was registered. Because now most countries stipulate that the determination of trademark right ownership is the principle of earlier registration, instead of using the first principle. Enterprises in the country is doing great, but in other countries do not have a very high reputation. If two years after going to the United States, to the registered trademark to now. The enterprise can "international trademark registration Madrid Agreement and protocol extension to protect" in other countries, not a country to submit application materials to the trademark, a number of countries at the same time. Fill out a registration agreement, in many countries can protect the trademark, extend to overseas .
Paris Convention on the protection of industrial property rights, the World Intellectual Property Organization's < < Trademark Law > >, < < the international registration of trademark > >, the World Trade Organization TRIPS agreement is also a powerful weapon for the protection of trademarks in the process of "going out".
Specializing in law education research director Ma Yongshuang Law Department of law and politics, Zhejiang University of agriculture and forestry "stressed that the Chinese enterprises in overseas markets, to better safeguard their rights and interests, we should formulate and implement the strategy of intellectual property rights, nip in the bud. Trademark, trademark products should not move, first, is before which country before export factories in the country or to have a trademark registration in the country, to avoid the trademark is registered, intellectual property barriers. Enterprises should seriously study the intellectual property laws and international conventions, so as to improve the awareness of intellectual property protection"
Specifically how to protect the trademark, experts suggest that we must first do a good job in the registration of trademarks, if you want to launch a brand, to register the application for trademark registration, to get a trademark license and then vigorously promote, not necessarily to get a lot of money and material "
Under the law is not provided for under the provisions of the case is not similar to the case of the approximate or counterfeit, if not, after the approval of the trademark can be approved, if the approximate, after the trademark is to be rejected. The judge may consider trademark is similar, the final appeal to the court may be considered non similar, if you want to be bigger, it should be considered to be more, it should be considered to be similar to the trademarks are registered, and other companies will be difficult to re register to approximate the trademark, which is difficult to re register the approximation of the risk. The risk of losing the case. The registered trademark, the defense against the trademark can reduce the risk of losing.
IPhone5 listing, once a focus of attention, why we have a special liking for it, because it is unique, apple, brand charm makes this phone is not just a mobile phone in the hearts of consumers, but also a sign of identity and taste.

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