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Xu Jiali Attended the Seminar on Trademark Protection for Chinese Enterprises

Author:Longan Law FirmAddtime:2018-07-16 09:41:39Font size:SmallMediumBig

 On July 14, 2018, “Seminar on Trademark Protection for Chinese Enterprises” was held by China Enterprise News in Xichang, Sichuan Province. Mr. Xu Jiali was invited and delivered a speech from the following aspects:
1. Fully understand the nature of trademarks
Trademark is distinctive, easy to recognize and identify, and practical in nature. However, increasing trademark registrants are obsessed with filing trademarks at the expense of ignoring the nature of trademarks as their priority is profit-making. In fact, trademarks, as the marks of goods and services, could generate business value by wide use, which is consistent with its nature and the law of market economy.
2. Issues of trademark alienation
In recent years, the alienation of well-known trademarks has been alleviated to a certain extent. However, the trademark alienation still disrupts the registration and use of general trademarks. Those who are eager to use the trademark cannot register the trademark they’re favored of, while those who don’t need the trademark have registered too many. This is one of the reasons for trademark emptiness and serious trademark alienation.
3. Conflicts on trademarks between traditional industries and Internet industries
Traditional industries have registered almost all meaningful Chinese character associated trademarks. Some even registered a trademark according to the character order of Xinhua Dictionary. As the Internet industries came upon the world, they also need register relevant trademarks. Therefore, it leads to the conflict that such trademarks have already been occupied by traditional industries and the Internet industries have great difficulties in registering new trademarks. To deal with the conflict, the joint efforts of legislative and judicial branches are needed.
4. Trademark is for use, not for speculation
Under the practical principle of registration system in China, anyone who registers the trademark first shall be the owner of the trademark. Such principle suits well under the certain circumstance. However, as the market economy develops, some registrants take advantage of this principle to speculate on trademarks, which disrupts the administration order of trademarks. The feasibility of the application of first to use principle should be considered in order to reflect the significance of the principle of trademark use and further prevent against trademark speculation.
5. Advocate honesty and faithfulness, prevent bad-faith registration
Those who file the bad-faith registration try to enjoy the fruits of other people’s labor, which severely violates the principle of honesty and faithfulness. Such action should be terminated from the very beginning. Legislative and judicial branches should get tough with bad-faith registration and take feasible measures to fight for trademark hoarding.

 

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