Go check if your trademark has been registered!
Editor’s note: This article comes from the WeChat public account “Sanyan Finance” (ID: sycaijing) , author Sanyan Finance.
Sanyan Finance News, recently, a car from the media angrily revealed to Sanyan Finance that its own media name was registered as a trademark by a Hebei company, and this company also squashed more than one hundred autos in the industry. Media trademark.
This company is called Yunye Hebei. According to the data from Tianyanzha, from January 14 to February 26 this year, Hebei Yunye Technology Co., Ltd. registered a total of 160 auto media labels.
The company’s squatting of many trademarks in a period of more than a month seems to be “long-term planning.”
At present, the above 160 trademarks are basically in the stage of waiting for substantive examination.
It is worth noting that Yunye Technology has registered a large number of unregistered trademarks of auto media in categories 9 and 35, and in addition to applying for the “authentic” trademark of auto media, it has applied for multiple auto media trademarks. Highly similar trademarks. For example, “independent car network ZIZHUAUTO COM”, “car quality network 12365AUTO COM”, “automan CNQCR COM” and other trademarks.
According to the data from Tianyan, Hebei Yunye Technology Co., Ltd. was established in November 2019 with a registered capital of 3 million. The legal representative Liu Yingzhi holds 99% of the shares and Supervisor Ni Nana holds the actual 1%.
The company is registered in Linzhang County, Handan, Hebei.
Business scope includes computer hardware and software technology development, technical consulting, technical services, technology transfer; computer system integration; advertising design, production, agency, publishing; trademark agency; intellectual property agency, etc.
The “Trademark Agency” was newly added on March 17 this year. It seems to be a professional trademark agency.
At present, the person in charge of this company has been found. Regarding the squatting of trademarks, the parties stated in the communication group that the company had made mistakes and because many friends needed to register trademarks, they applied for trademark agency. I originally wanted to find out which teacher has not registered a trademark, and remind me. Due to employees’ misunderstanding and operation, submit your trademarks.
The parties stated that all trademarks were not formally submitted and paid, and the trademark application was cancelled. This trademark application will not have any impact on the automotive media. The trademark revocation certificate will be issued uniformly tomorrow morning.
According to Yunye Technology ’s explanation, there are still doubts:
1. Such a large volume, such a large amount of movement, you have to affix a seal or something, the person in charge does not know when the employee registers?
2. It is said that there is no formal submission and payment. It is reported that no matter whether you apply for yourself or find an agent, you will have to pay.
From this point of view, it seems that the so-called employee’s operation errors of Yunye Technology’s parties are untenable, and it is more like a prepared behavior.
According to the provisions of Article 31 of the Trademark Law, “It is not allowed to preemptively register trademarks that have been used by others and have certain influence” by improper means.
Therefore, “malicious cybersquatting” refers to the fact that the applicant has used unreasonable or unlawful methods to use trademarks that have been registered by others but have not been registered as his Apply to the Trademark Office on behalf ofPlease register instead of accidentally registering the same or similar trademark.
If the prior user of the trademark finds that his trademark has been applied for registration, he can file an objection based on the relevant evidence during the objection period of the preliminary examination announcement to prevent the registrant from registering.
If the registrant cannot be deemed as a malicious squatting, and the trademark has been successfully registered, the previous user can only continue to use it within the original scope and scale.
According to the provisions of relevant laws, if the malicious pre-registration of a trademark causes losses to the right holder, the people ’s court may order the infringer to compensate the loss.
A lot of self-media’s trademark awareness is weak, and the consequences may be: someone else has registered your trademark, and your self-media name will not be used. The hard work of many years of hard work will go to waste.
So friends from the media, go check if your trademark has been registered by others?