[I] horse counsel entrepreneurs must know the trademark risk top10 This word;Northern Song Dynasty, Jinan a specialized manufacturer of needle Liu \u0026 quot; effort needle \u0026 quot; shop use \u0026 quot; White Rabbit \u0026 quot; trademark, both the graphics, there are \u0026 quot; Cacalia to record \u0026 quot. Our trademark is the earliest so far discovered. Trademark biggest role in a market economy is to play the role of brand recognition, we found that only slightly more mature startups have their own LOGO, but there are legal risks behind the trademark, the entrepreneur you know? To help you, i dark horse launched the 'entrepreneur must know the trademark risk top10' we want to help. Participation Lawyers: Lawyers Daijia Peng (Beijing Juntai specializes in intellectual property law firm on Business) horse solicitor No. 003 would like to contact him, please add group 284,391,214 Case I: OK trademarks judiciously A company's main US imports, in order to reflect its operating characteristics, they joined in the design of the Stars and Stripes trademark graphic elements of the American flag, the Trademark Office to apply for trademark registration. A company then began using the mark and make a lot of advertising. Did not think a year later, the company received the Trademark Office 'trademark rejection notice', the trademark of their application could not be registered. Company to consult a lawyer, the lawyer told the trade mark in violation of the relevant provisions of the 'Trademark Law', the review also difficult to pass. Finally, A company can only accept the reality of a trademark can not be registered, pre-paid outreach efforts and has established the brand benefits all in vain. A lawyer who advises: 'Trademark Law' in special provisions shall not be used as a trademark or a registered trademark of circumstances, such as our national flag, national emblem, flag, medals, etc., also including inter-country foreign name, national flag, national emblem, governmental international organizations The name, logo, etc., some with deceptive, prone to misidentification and signs detrimental to or have other adverse effects of socialist morality can not be used as a trademark. Some due to lack of significant trademark can not be registered. In addition, the legal right to apply for trademark registration can not be with others obtained earlier conflict, such as prior similar trademarks, design patents, business names, copyrights, name rights are likely to be registered trademarks of obstacles. Enterprises should have some understanding of these rules, choose the best time to determine trademark advice to professional lawyers, a full range of retrieval. Many companies pay more attention to the brand's pre-conceptual design, marketing, ignoring the trademark legal aspects of the problem, consider the trademark agency designed to apply enough. Formally registered trademark from application to take a year's time, if a violation of a trademark can not be registered with the relevant provisions of the Trademark Law, corporate pre trademark of promotion of investment on losing it, and very likely lose a good development opportunity. Case II: Amoy logo to be careful B company wants to design a company logo, to find a logo design shop on Taobao, the shop offers several design drawings for their choice, B chose the one they think good design . The pattern B Company made an application for registration with the Trademark Office. A year later they received a 'rejection of the trademark notice' rejected on the grounds that the earlier registered trademark of approximation. They found and they apply for trademark registration of the earlier pattern actually exactly the same. Taobao shop original design drawings stolen from the Internet for buyers to choose from. A lawyer who advises: There are many logo design shop on Taobao now, the competition is fierce, so that companies reduce the cost of design, which is a good thing, but enterprises should also pay attention to the risks. The best was their trademark logo to have a preliminary idea, then please design company on the basis of design, avoid the use of ready-made design works. At the same time to sign a contract with the design firm commissioned to design, stipulated in the contract focused on good design copyright ownership of works does not infringe copyright and liabilities, etc., prior to formal application, but also on the logo to approximate retrieval, to reduce the trademark dismissed the legal risk. Case 3: Air Jordan 18 trademark applications for anti-phishing C company conceived a good word mark, in order to ensure successful registration, a trademark agent to their advice, and asked them to inquire on behalf trademarks are approximate because of cost issues but in the end they choose another one agency on behalf of the application for registration. Later, because of their trademark trademark approximation was dismissed, and prior similar marks and their trademark identical application date only one day earlier than they. C Company prior to the formal application, only to this trademark agency disclosed the case of trademarks. They also learned that this agency is Nike Air Presto a specialist in trademark registered company specializing hotspots registered trademark community. Soon after, cited trademark holders to C Company sent a warning letter asking them to stop using the trademark, or we filed a trademark infringement lawsuit in the court. Another solution is to buy expensive Company C of the trademark. A lawyer who advises: Trademark conceptual stage must do security work, must be entrusted to fly the integrity of trademark agent or law firm. In addition to the trademark agency, corporate internal employees, partners, shareholders, competitors are likely to leak registered trademarks, in particular, there is still a lot of 'registered trademark specialist', they are particularly concerned about some of the company's brand information Once confirmed that the company did not apply for trademark brands, they will be registered, and then talk about business conditions. Some companies strictly abide by the principle of non-release did not apply, only to get notice of acceptance trademark before the Trademark Office release, this is a very good practice. Case Four: trademark agents may not want to apply a lower limit D company trademark, found relatively few trademark agency inquiry, the site chosen by the lowest price a trademark agent. Trademarks declaration soon, D company received a agency sent a 'trademark application acceptance notice' and inform them can now start using the trademark, issued two years after the formal trademark registration. D companies began to use the mark, had been waiting for three years, trademark registration has not come down, to call to the agency, found that the agency could not get through, the site disappeared. They get to the Trademark Office to trademark their Nike Shoes inquiries and was told that their trademark applications were not submitted before, their hands 'trademark application acceptance notice' was forged. They discovered fooled, hasten to add applications for trademark registration, but nearly like the previous two years before they apply for a trademark, it is too late. A lawyer who advises: Many people can not tell the difference between acceptance and trademark registration notice, some unscrupulous agents take advantage of this situation is precisely deceive, says the notice of acceptance to trademark registration. Forgery notice of acceptance is more hateful, they simply do not apply. Liar is the use of corporate cheap psychology, were cheap trick, this situation also occurred recently in Taobao had. One thousand dollars is a small, bungle business development opportunities are great. Enterprises in order to prevent this from happening, in addition to the previous mentioned agents looking fly, but also learn to recognize fake notification of acceptance. Trademark application information can be performed on the website and Trademark Office, if a notice of acceptance was forged on the Internet is certainly less than the query. Case 5: unscrupulous agency's two-man trap F is a small company, entrust a trademark agency to apply for a trademark last year, just to get the trademark certificate. F boss one day received a field telephone, said the company is very interested in the trademark F, want to buy five million. The company did not think his boss a trademark can sell so much money, because the trademark in use, so I do not consider selling. A few days later, the man calls again, saying that the trademark is important to them, can be one hundred thousand yuan to buy, if you do not sell, they would all categories registered, and then sue the company F infringement. F company one to panic. 'Happened' The original trademark agent called me and asked about the situation the company trademark, the boss quickly this thing and agency said. The agency said, your trademark is now worth has been high, the whole class should be protected, as soon as all the forty-five have applied, so it can not be registered by others. Boss think of their trademark so valuable, if more registrations will be more valuable, so we decided to spend a few million for the whole class to apply for registration. A lawyer who advises: the case of this fraud is not the few, but very common, many of my clients have experienced. Well, almost applied for a trademark who will receive over the phone liar, deceived a lot of people. In addition to a full class registered trademarks, and copyright protection were lured allow enterprises to copyright, trademark registration, then charge a few million copyright agency fees. Of course the whole class applications for registration from some perspective is not a bad thing, you can be more protection of enterprises. But in many cases, companies do not need such a large range of protection, under the instigation of a liar trick, some individual businesses or even a whole class of applications for registration. For this scandal, in addition to the enterprises themselves to keep their eyes open, not coercion as a liar, but also need the government to crack down on law enforcement and punishment to violate the criminal law, we must be severely prosecuted, while the agency is also involved in fraud To strictly investigate and strengthen credit supervision, announce their bad credit records, included in the agency blacklist. Case Six: professional managers manage, sort trademark ownership F Company is a large food companies, consisting of a well-known professional managers in charge of operations, Mr. R. The company introduced a functional food and food used in the W trademark. The food company has invested huge advertising costs, so this food was soon known, occupy a lot of market share. After some time, professional managers, Mr. R because the major shareholder discord, left the company. When the company was found during the transfer of best-selling merchandise W actually registered trademark in the name of Mr R. Mr. R's explanation is that the brand is that he single-handedly created and nurtured, W trademark is his intellectual property, if the company wants to continue to use the trademark must give him a huge annual fee. Under the Company huff Mr. R to court, but the evidence presented by Mr. R proved in court before D W trademark application for the establishment of the company. The last F company had no choice but to pay a fee to Mr. R W trademark of purchase to the company name. A lawyer who advises: This is a real case, the actual situation of the development and the outcome far more complex text (not say too thin, you know). We just want to explain this case, the business owner must pay attention to corporate brand, especially trademark ownership. Cases companies hire professional managers now increasingly common, which is a good sign. But business owners in decentralization, we can not, 'Da Saba.' Trademark is not as sensitive to equity and property of the company, but its potential is very large economic benefits. Business owners are often not paid enough attention, until a problem too late. Therefore, enterprises must pay attention to the internal management of intellectual property, intellectual property companies often organize and found the problem solved in time. If the present case, the business owners to discover the brand trademark registration and correct, the latter problem does not occur. Case 7: H's trademark transfer Beware of scams in order to comply with the requirements of Lynx mall shop, eager to buy a registered trademark. They deal sites through a trademark search to idle a trademark, I feel very good, too, and their company's positioning in line, they found a seller trademark, and finally the two sides traded 100,000 yuan and for the trademark transfer procedures. H Company with the trademark smooth Lynx mall to shop, began promotion. But soon they received a piece of paper the original owner of the trademark lawyer's letter, asking them to stop the mark, on the grounds that the mark did not transfer over. They immediately contact the trademark of the seller, the seller has been found not contact. The seller is not really original trademark owners, but professional trademark liar, using forged documents and procedures for trademark transfer fraud. Eventually the original trademark owner through legal means to return the Nike Shox trademark, and H company suffered huge losses. A lawyer who advises: Since Lynx Mall requirement for a registered trademark, trademark transfer a nighttime hot up, let trademarks are relieved hoarding large number of fraudsters is also one saw an opportunity. Previous trademark transfer process also has some fraud, primarily as a means to compete among shareholders or stakeholders to take specific trademark. The current situation is a liar who used to direct someone else's trademark to sell some 'smart' liar even inquire after revocation or cancellation of business information, according to the Trademark Office to retrieve a list of the trademarks of their name, and then forged seal material transfer fraud. To avoid this trademark transfer fraud, the entrepreneur must do homework before the transfer. For promising trademark, to emphasis on the real state of its rights. For example, in industrial and commercial bureau business credit Site Search Trademark seller of corporate credit situation, carefully examine the trademark certificate original and not a copy or scanned copies. Note also that trademark antecedents of some non-standard trading site on trademark trademark must be more careful. Case Eight: the brand to join the scam numerous small entrepreneurs I opened a restaurant, but has fire it up, he thought of the brand to join. He cut in from the Internet to find a name very Western style fast food chain can join, after several telephone contact and the headquarters site visits, he decided to join the chain brand. They signed an agreement to join the brand, I paid a few million small brand franchise fee. Some fast-food restaurant opened a few months of business, but suddenly one day business of law enforcement personnel on-site to inform small I violated another company's trademark famous fast food chain, immediately stop using the mark and accept the punishment. Small I presented to law enforcement officers he signed the agreement to join the brand, law enforcement officers told him: this agreement is an imitation of a well-known brand names fast food brand, there is no registration, only one 'trademark application acceptance notice.' A lawyer Nike Pepper Shoes who advises: Trademark notice of acceptance after the trademark registration application is submitted, the applicant's trademark Trademark Office issued proof of acceptance, and trademark registration is not the same thing. Trademark notice of acceptance of the case by replacing (or pretending to) trademark registration of the brand joined fraud is common. Brand owners have a great trademark, and this trademark may simply not registered, they do not care whether the registration, as long as the notice of acceptance can begin to get our hands outward license. Although the law does not permit application of the prohibitions trademark, trademark that is not registered can also permit others to use and collect licensing fees, but the rights of a registered trademark belonging to undetermined state, on the one hand may be rejected in the first instance, in addition On the one hand it may constitute an infringement of other trademark owners. To prevent brand to join the process of being cheated, it is recommended to join the project in the study brand to brand owners obtain trademark registration as a hard condition, or try not to Nike Air Max take risks, but to examine the strength of the brand's true, do not listen to flicker brands, In addition to watching their designated flagship store, but also field trips to other franchisees of operation. Case Nine: The company acquired the brand G legal risk to acquire companies in order to expand business firm province of Q, Q Main a girl accessories brand, the brand in the country, hundreds of stores. Finally, G company at a high price to buy a majority stake in Q's, is beginning a national branding, invited Taiwan iconic singer as a spokesperson. Soon G Company received a court summons, they were the provinces, a clothing company to court, citing trademark infringement. Then G Company lawyer for Q trademarks status were searched, we found that the company operating the brand's trademark applications have all been rejected and invalid and Trademark Office, and registered trademarks belong to the provinces prior this clothing company. Case was the first instance verdict G and its related companies for trademark infringement and compensate for the loss of 30 million yuan each other, the second trial is in progress. A lawyer who advises: Many companies acquisitions, M \u0026 A disputes concerning trademark rights, usually because before the merger did not examine the true good of trademark ownership status, that buy corporate equity to buy a brand, in fact, a trademark registered in a third-party company name next, the third party is an independent corporate, causing the latter part of the dispute. There are differences between this case and the above-mentioned circumstances, the Offeror is not seriously examine the state of the acquirer is a registered trademark of the main force. When in fact the main acquisitions trademark of the acquired company is still in the application unregistered state, and in the same category as there is a very similar prior registered trademark, was acquired by the company's main trademark can not be registered. As long as the purchaser retrieval trademark lawyer to do something, it will prevent the occurrence of such a stupid mistake. In the acquisition process, particularly in relation to corporate brand equity is very important to the case, be sure to do a trademark investigation. Case 10: K fake alert is fishing company is a sales company, mainly engaged in import auto parts. One day a few people came to the company requires the purchase of an imported car headlights, but the company does not operate this K headlights. Messenger said the company took the procurement allows K, and a large quantity. K company thought it was the pen good business, to find the relevant sales unit linked stock, but the price is much higher than the purchaser genuine price given. Sales unit made deputy plant parts can enter (counterfeit parts), but also not a small profit margin. K company on the purchase of a number of deputy plant parts to the purchaser. Just mention the company warehouse goods was seized by law enforcement officers. Then K company did not know he was fishing. A lawyer who advises: Fishing fake though is seen as an immoral act, but also has been used by professional fake company, and the court stage of the proceedings, the party was fishing difficult to prove. A mission agreement, or the amount of compensation in accordance with counterfeiting commission, sometimes requires a lot of manufacturers to establish counterfeiting cases, creating a warm atmosphere between certain professional fake fake company and the Acting fake brands. Some manufacturers even fishing crackdown is to stop the other party trademark rights program. Some sellers are fishing in the process of purchasing a large number of fake, was finally sentenced to criminal punishment. Faced with this situation, sales enterprises must bear in mind is law, not because of momentary greed, irreversible consequences. Conclusion: trademark matters far more than the above-mentioned legal risks dozens. These problems have technical problems, but also social and moral level of the problem, but in the end need to pay attention to their own brand (trademark) legal level. Entrepreneurs do the greater legal basis in corporate brand, the more important. Brand there are significant potential risks, the greater enterprise development, the greater the losses suffered last. Entrepreneurs must be aware! This article legal advice services of a lawyer can Air Jordan Women not substitute, the specific operation please commissioned professionals. More questions submitted CLICK horse counsel CRM, unlimited legal questions, all in one. Also can be added to i horse CEO legal advice group, where you can start on the road exchange experiences, share with each other start on the road to avoid legal risks of knowledge and skills! In addition there are a variety of benefits waiting for you to come and collect. Plus QQ group: 284 391 214 welcome attention to the micro-channel i counsel horse public accounts, sweep the joined