With the continuous development of the market economy, the importance of trademarks, as an important embodiment of corporate image and market competitiveness, has become increasingly prominent. However, in the context of the increasing shortage of trademark resources, how to effectively register trademarks has become the focus of attention of many enterprises. This article will discuss the trademark registration strategy, especially when encountering the obstacle of a prior trademark, how to deal with it by filing a cancellation application for cancellation of the three-year non-use, etc., and analyze the reasons why the registration may not be successful after the cancellation.
1. Basic strategies for trademark registration.
Planning and layout in advance: Before launching a product or service, enterprises should plan and layout their trademarks in advance, clarify their brand positioning and market direction, and avoid encountering obstacles in subsequent trademark registration.
Careful selection and design: The name and design of the trademark should be unique and recognizable, reflect the core values and product characteristics of the enterprise, and avoid conflicts with existing trademarks.
All-round protection: While registering the main trademark, consideration should also be given to registering similar trademarks, defensive trademarks, etc., to prevent others from preemptively registering or infringing.
2. Strategies for dealing with prior trademark obstacles.
When an enterprise discovers that there is a prior trademark obstacle in the trademark to be registered, it can consider the following strategies:
Application for cancellation of non-use for three years: According to the provisions of the Trademark Law, a registered trademark that has not been used for three consecutive years can be revoked. Therefore, when it is discovered that a prior trademark exists but the other party has not used it for a long time, the obstacle can be removed by filing an application for cancellation.
Negotiate purchase or assignment: Negotiate with prior trademark holders to purchase or transfer the trademark in order to obtain the right to register the trademark.
Filing an opposition or invalidation: If it is found that the prior trademark has been illegally or improperly registered, an opposition or invalidation can be filed to seek the cancellation or invalidation of the trademark.
3. Reasons why the registration may not be successful after revocation.
Although obstacles to trademark registration can be removed by revoking an application for cancellation that has not been used for three years, it may not be successfully registered after cancellation for the following reasons:
Trademark similarity: Even if an earlier trademark is revoked, if the trademark to be registered is similar to other trademarks that have already been registered, it will still be rejected. Therefore, a sufficient trademark search and analysis should be carried out before filing to ensure that the trademark to be registered does not conflict with the existing trademark.
Time-consuming legal procedures: Legal procedures such as revocation or opposition, invalidation and other legal procedures are often time-consuming, which may cause companies to miss out on market opportunities. Therefore, time costs and market risks should be fully considered when choosing a coping strategy.
Insufficient evidence of revocation: When filing an application for revocation, sufficient evidence is required to prove that the prior trademark has not been used for three consecutive years. If there is insufficient evidence or it cannot be proved that the other party has indeed not used it, the application for withdrawal may be rejected.
Risk of malicious cybersquatting: After the revocation is successful, it may face the risk of malicious registration by other enterprises. Therefore, after the successful cancellation, the trademark registration should be completed in a timely manner to avoid being preemptively registered by others.
To sum up, in the process of trademark registration, enterprises should formulate a reasonable registration strategy based on their actual situation and market environment. When encountering prior trademark obstacles, appropriate countermeasures should be selected according to the specific circumstances, and possible risks and challenges should be fully considered. At the same time, strengthen cooperation and exchanges with professional institutions to improve the success rate and efficiency of trademark registration.