Lighting business warning bell: who stole my trademark?

2003, Shenyang double benefit Lighting Electrical Appliance Co., Ltd. (hereinafter referred to as the double benefits) in the eleventh categories of lighting, incandescent lamps and other goods on the Samsung trademark registration application. In the legal period of objection, Samsung Electronics Co., Ltd. (hereinafter referred to as Samsung Corp) filed an objection, but did not support the Trademark Office, followed by Samsung Corp to the Trademark Review and Adjudication Board for review. The Trademark Review and Adjudication Board after hearing that the application of double benefits the company "Samsung" Samsung Corp registered trademark and the trademark "SAMSUNG" constitute the same or similar goods approximate ruling "Samsung" trademark registration shall not be approved, then the case entered the stage of administrative litigation. In 2013, after the first trial, after the second trial, the Beijing Municipal Higher People's court made the final judgment, "Samsung" trademark can be registered according to law, double benefit company successfully stole a trademark of Samsung Corp, can legally use commodities in the light.

Trademark, is no longer a simple commodity name, on the contrary, is a huge commercial value of the "gold mine"". Behind the trademark war, to the enterprise what enlightenment?

The author believes that: from the legal perspective, "steal" trademark, understandable. However, from a moral point of view, the behavior of stealing the trademark is not positive, at least, should not be encouraged. The "Hong Yingming" Cai Gen Tan said: "people can not have the heart, the heart of man is not". In a highly competitive market environment, enterprises must build their own trademark defensive front, to prevent others from stealing your trademark.

First, the first brand ". Enterprises need to set up long-term planning consciousness, from the beginning to register their own brands and long-term use. Many small and medium enterprises do not practice any trademark in the long-term planning, only a problem before seeking help from an agency or a lawyer, at this time the price is several times or even hundreds of times to do prevention and protection.

Second, commissioned a professional agency. Professional people to do professional things, is a basic principle of modern social division of labor, there is division of labor, cooperation, so that a variety of professional skills to do a good job. Brand strategy planning is a long-term, continuous work, especially important enterprises choose a professional agency, professional agents can build a set to conform to the actual demand of enterprises and solutions tailored for the enterprise, to escort the development of enterprises, trademark problems and obstacles of eliminating unnecessary.

Third, the establishment of the system, personal management. I have contacted a number of foreign companies, these companies have a common characteristic: all the intangible assets, including the trademark registration certificates are run by Chinese people is the core department, but rarely see these certificates, once the need to use these certificates, are required to apply through strict procedures, and the examination and approval authority usually in foreign hands. The majority of domestic enterprises in this regard there are still huge gaps in management, many people in charge of the company know how much property, car and deposit, but do not know where he brought the wealth of the trademark certificate. Therefore, it is necessary to establish a complete system of trademark protection.

Trademark battle is often hidden behind the huge commercial value, if the enterprise can make brand strategy planning, not only can prevent others from stealing "trademark, but also can grasp the initiative in the market competition, in order to combat competitors, to seize market share. At the same time, the author also hopes that the enterprises in our country can continuously improve the brand awareness, and build up the way for our country to embark on the road of intellectual property rights.

Will the new trademark law affect you?

August 30, 2013, the twelve session of the Standing Committee of the National People's Congress passed the decision on Amending the trademark law, which is the trademark law since the enactment of the third amendment since the year of 1982.

The revised new trademark law will be officially implemented on May 1, 2014.

Modify the main points: to increase the amount of trademark infringement compensation

The old trademark law court to limit the amount of compensation for discretionary judgment of trademark infringement cases is 500 thousand yuan, in the premise of the trademark owner can identify specific loss on the court according to the law can be discretionary judgment of not more than 500 thousand yuan. With the development of economy in recent years, people in order to reap the benefits of trademark infringement, infringement still know the crime against the wind, the fundamental reason is the upper limit of punishment is too low, illegal low cost contrasts with the high illegal income, and the behavior of trademark infringement has strong concealment, it is often difficult to identify the specific loss of trademark rights the majority of cases are exercised by the court discretionary judgment right, it is difficult for the tort made enough deterrent, will produce the trademark infringement cases repeated phenomenon. The new trademark law will be the amount of compensation for discretionary judgment limit increased to 3 million yuan, for trademark infringement who sounded the alarm, to a certain extent, reduce the occurrence of trademark infringement cases.

Modify the main points two: clear the trademark registration application review period

The current implementation of the trademark law is not the application for trademark registration review period stipulated, only on the basis of the trademark office efficiency was estimated, resulting in some trademarks within a year preliminary announcement, part of a trademark to wait two years to three years yet notice of first instance, essentially lost the fairness of law. The new trademark law clarifies the ambiguity of the trademark review period, and enriches the trademark applicant's right to know.

Modify the main point three: increase the sound trademark

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