2013年7月30日星期二

Metal abrasives industry analysis of intellectual property protection


Increasing competition in the hardware market, intellectual property protection and more attention today, how businesses use intellectual property protection has

become a self-important topic.
Exclusive right of trademark protection: the principle is particularly important prior application
According to the "Abrasives" magazine, the acquisition of trademark rights must be registered through the national competent authority procedures, namely, a company

wants to produce the same across the country to provide the same goods or services in the course of this brand enjoys a unique dedicated

Right, it must promptly to the State Administration of Industry and Commerce Trademark Office an application for registration of the trademark. In the trademark

application process, the filing date is a very important factor, because in principle, subject to application of the principle of earlier, that is, if the other person

or business than you

Early application, even if only for a day earlier identical or similar trademarks, applications submitted after this basically is a registered trademark can not.

Although the individual special circumstances, also apply to use of the principle of earlier, but only for different applicants in the same

Days on the same or similar trademark application situation. Therefore, many years experience in the application of trademark rights, and recommends the identified

brand name, it should be the first time applied for registration, and note that the trademark registration of confidentiality before work to prevent others from

malicious

Enterprises registered trademark.
Trademark cybersquatting common occurrences, all walks of life have occurred. Many of them are registered in the relevant industry, some well-known trademark, commonly

known as "Pong brand", "walking a fine line."
In the abrasives industry, a small part of the business of trademark protection is still not enough attention, often newly established company or companies launch a

new product, the first product on the market for some time. If the volume is good, it will consider the registration of the trade mark protection.

Little do they know that there are actually very risky way: If the trademark is not registered prior to others, so that the enterprise's own use of the trademark for

some time before to apply, can be approved for registration have been lucky, fear has long been the trademark of others Prior Registrations

Trademarks, and because companies do not know the situation, has done a lot of production and sales. Well, ultimately it is possible that they violated the trademark

rights of others are facing infringement litigation or compensation. Actual transfer of trademark rights, pre-costing less than two thousand, and laissez-faire

Unregistered first production and sales resulting from late unintentional infringement, businesses cope with litigation and compensation costs will be difficult to

predict.
Trademark classification principles: main product categories registered in conjunction with the relevant category safer
At present, China's trademark registration is complete it will take a year to a year and a half, in the trademark application process is not entitled to the trademark

rights, rights can not be carried out, so companies time and trademark applications that are protected categories is particularly important.
Sub-category of trademark registration must be protected, a total of 45 categories, covering all sectors to provide products or services. Abrasives industry

enterprises trademark registration, in addition to the flagship product in the enterprise category for trademark registration, you must pay attention to

Related to other categories.
According to the latest "Registration of Marks International Classification of Goods and Services," the tenth edition of the regulations, and related infrastructure

abrasives category are the following categories: the first category for industrial chemicals; third category polishing material and their preparations; sixth Class A

common Kim

Genus and its alloys; seventh class of metal-cutting machine tools, cutting tools and other metal processing machinery, non-manually operated hand tools; VIII manual

grinding wheel equipment, etc.; enterprises according to the characteristics of their products may also involve other products category.
Companies apply for trademark registration, be sure to fully take into account the current business category in which the product should be protected and associated

with their product categories should also be registered for defensive protection. For example, some companies just for trademark registration

Select a category VII metal cutting tools, but not related to the third category of registration polishing materials or eighth class manual grinding equipment, if its

competitors or others in related categories successfully registered the same trademark, one easy to market and consumers of confusion

, Two to their products in the future if the careless use of these associations in the field, may constitute infringement, but worth the candle.
Of course, in the abrasives industry companies do not necessarily have to produce their own products, but also do sales agents, or specialized processing services, and

that such enterprises how to protect their trademark rights do? According to the current Tenth Edition " of Goods

And services to the international classification "For such enterprises also have a special category for trademark protection. Class 35 classification table provides

major protection and export agents, for others to sell services to businesses or individuals, and the category can protect agents, dealers in providing a variety of

sales agents

Sales service process legitimate use of their shop signs and promote their own brand of service, etc.; classification fortieth main protection class of materials for

others a comprehensive treatment or processing services. That is, if you are an abrasive grinding processing enterprises, but also through

Processing services in that category registered trademarks to enjoy the exclusive right to the brand.
Trademark has been registered: remedies for rights through
Some companies may be worried that if our corporate trademark was registered by someone else, how can we do?
According to China's "Trademark Law" Article 30 provides: "For the preliminary approval of the trademark, since within three months from the date of notice, any person

may file an opposition." This is actually a kind of intellectual property remedies. If companies find their trademarks by others robbed

Application Note or someone with their own brand with similar trademarks in the trademark trial within three months from the date of notice to submit their objections

through the grounds and the corresponding evidence, to prevent the other party to obtain the exclusive right to the trademark. In case enterprises missed three months

notice

Period, you can also improperly registered trademark dispute or revoke way to safeguard their legitimate rights and interests, but in this way the cost of rights and

the applicant's requirements are relatively high. For example: the controversy registered trademark applicant, the applicant must be considered prior to others in the

post-

Its trademark application for registration in the same or similar goods identical or similar to a registered trademark, earlier applicants can apply for registration

of the trade mark after the date of registration within five years, to the Trademark Review and Adjudication Board revoked.
In summary, the enterprise in order to fully protect their intellectual property, ease of use your own trademark, you must apply quickly and accurately registered,

total defense.

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