Current Position: Home > Trademark > Register a trademark with litigation power

  It is not difficult to successfully register a trademark, but it is not easy to successfully register a trademark with litigation force. Before applying, enterprises should pay attention to that if the infringer uses a forged trademark, he will plagiarize the whole trademark or a small part of the trademark. How an enterprise registers a trademark determines whether the registered trademark can be used to sue the infringer who uses the forged trademark.

  To apply for a registered trademark, the applicant only needs to fill in the required information accurately. In the market, many applicants have a wrong idea, that is to put every part of the trademark in the application form for registered trademark. Of course, this application method will make the application more distinctive and increase the chances of successful approval. However, the registered trademark approved by this registration method is likely to lack litigation capacity. When the trademark is registered, it can not even be used to sue the infringer.

  For example, the following trademarks contain three parts:

  Part a, Part C, Part B

  There are at least four ways to apply for registration of the above-mentioned three-part trademarks:

  Method 1: apply for registration of the whole trademark containing part a, Part B and part C (i.e.).

  Method 2: only part a (i.e.) will be applied for registration of trademarks.

  Method 3: apply only part B (i.e. Part B) as a registered trademark.

  Method 4: only part C (i.e. Part C) is applied for trademark registration.

  In the absence of experience, most applicants apply for registered trademarks in one way. If the infringing as like as two peas and part B registered, the registrant can easily execute the counterfeiting lawsuit with the registered trademark. However, if the infringing trademark only contains part a, Part B, or part C, or even two parts of a, B and C, the ability to carry out anti-counterfeiting litigation will be greatly reduced, or even no litigation power.

  In some cases, if the infringer is a hawker or the infringer will disappear after the exhibition for only three to four days, the infringer has disappeared even if the "legal department" finally decides to implement it.

  Unless a trademark is as like as two peas, it will take at least one year, even two years, for a registrant to successfully suspend the infringement and recover damages from him through civil proceedings. However, as like as two peas registered with the infringement trademark, the registrant (the central court case holder) may apply the -Order 14 summary procedure of the litigation procedure to apply for a simple victory in the two months after the prosecution, permanently prohibit the infringer and recover damages. This is more cost-effective in terms of time and litigation costs.

  From the above point of view of the implementation of registered trademarks, the method of applying for a registered trademark is very important. The applicant needs to consider what form the infringing trademark will take if it appears. Although the process of trademark registration is simple, applicants should be very careful when deciding on the method to apply for trademark registration.

  Before applying for trademark registration, the applicant should contact a trademark agent with litigation experience. Otherwise, the registrant may only have a column trademark which lacks enforcement or litigation power.


One on one service for appointment experts

1