Lawyers interpret entrepreneurial companies should be how to deal with the trademark is registered
Category : dmvxocvr
recently, a news caused Internet entrepreneurs concern: there is a company called Qihoo investment company (the company has declared 360 has nothing to do with their own) to the State Trademark Bureau for more than and 100 Internet startups brand or trademark application. Today we want to talk about is the registered trademark of start-up companies should be how to deal with the matter?
, a trademark was registered in
The author in the preliminary retrieval of the
Trademark Office website, found to be registered, including tiger, tiger sniffing, cicada travel, ape exam, 800 more influential in the industry enterprises registered trademark, the main categories are ninth types of computer hardware and software, is a small part of class thirty-eighth, computer communication instant messaging. During the period from 2012 to 2013, a small number of applications have passed the preliminary review of the Trademark Office, entered the notice period, most of the applications have not yet entered the notice period.
two, trademark was registered by the consequences of the
China’s "trademark law" is the implementation of the first application, the Trademark Office in the review of trademark applications, trademark review generally only have a prior application or registration, and does not consider the trademark is not registered by others. Therefore, the probability of successful registration is not low. If the company trademark registered by others, the consequences include: the exclusive right to be registered in the corresponding products and services on the registered trademark of deprivation, unable to use the brand experience or use disorder, if you continue to use the brand was registered, may also be registered, Lord Zhang Shangbiao infringement.
is the registered trademark is mainly ninth types of computer hardware and software, the Internet companies, this is a very important category. In addition to the traditional software, used for intelligent mobile phone, tablet computer application is similar and this category (currently mobile applications which belong to the category is not conclusive, but the ninth is certainly a category most approximate), even if the entrepreneur is not civil prosecution, registered to Industrial and Commercial Bureau or major app store complaints of trademark infringement is a very troublesome thing.
I met a more extreme case is the 115 SkyDrive trademark case, the conflict of rights case involves ninth categories and forty-second categories of trademarks, Ninth types of "115" trademark holders to the app store has forty-second types of complaints 115 SkyDrive trademark trademark infringement, resulting in a long time to download the 115 SkyDrive app store cannot be used in many although, in the end we help, apple AppStore and Android app stores are the mainstream of domestic recovery 115 SkyDrive shelves, but the whole process has caused some damage to the company.
three, with the trademark registration method
deal with cybersquatting has three paths, a part of the root part, introduced one by one, first introduced the symptoms, then introduce cure:
a path to a trademark that has not been registered may be referred to as "