Lady house is a famous brand of women's wear and bedding brand in Shenzhen, but its footwear brand name has been registered.

Recently, a Mr. Lee from Hubei Wuhan reported that he owned the trademark of ladies' house shoes and children's wear, and the lady house had bought him, but the price was too high and no deal was made.

Mr. Li openly claimed that he was a professional company that registered the assignment of trademarks, aiming at the loopholes in famous brands for rush and pfer.

Lady House said that the company did not respond to such malicious registration.

Lawyers believe that according to the trademark law, Mr. Lee's behavior is not illegal.

In fact, there have been many similar events in Shenzhen's famous enterprises.

　　搶注商標(biāo)是為了炒作

On the certificate of the trademark registration certificate and the trademark pfer provided by Mr. Li, the reporter saw that the No. 3919934 trademark lady's house was approved to be used for shoes, baby full clothes and sports footwear.

The trademark was registered by Mr. Chen in July 2007 and pferred to Mr. Lee in May 2008.

According to Mr. Li, he bought a trademark for 300 thousand yuan and wanted to pfer 800 thousand yuan.

He has issued some pfer information through some clothing websites and forums, but in the end it has not resulted.

"Hype?

I do have this idea.

Mr. Lee admitted.

He also admitted that he specializes in brand operation planning and trademark registration pfer, and there are many other trademarks on his hand, such as Kell golden shield, lovin king and shark graphics, all of which imitate the brand and graphics of brand men's wear.

"Trademark money comes quickly."

Li told reporters that many people, like him, specializes in the registration and pfer of trademarks.

And many buyers, mainly SMEs, these enterprises do not have brands or brands can not be named, hoping to borrow the name brand light, they often do not understand nor have the energy to study trademark registration, willing to spend money to buy a ready made.

Mr. Lee's industry is aimed at the needs of these small and medium-sized enterprises, specialized research, design and pfer of trademarks similar to well-known brands, known as "trademark registration hooligans".

As an example of the clothing industry he is familiar with, "men's wear trademarks are sold well, most women don't pay attention to brand".

He told reporters that many enterprises in China are not strong in legal awareness, and there are many loopholes in trademarks, which is where their profit margins lie.

The lady in the house said recently that the matter was known, but the other side was a malicious snatch and would not respond.

　　可申請撤消搶注商標(biāo)

It is understood that according to China's trademark law, registered trademarks must be selected in forty-five major categories, and then choose small categories in this category, so long as they are not the same or similar, they can register the same brand.

Because the ladies house registered clothing category without registered footwear, children's wear and sports shoes, therefore, Guangdong East Jin Yuan Law Firm lawyer Kim Yan believes that Mr. Li is not in violation of the trademark law.

However, a lady's house may also raise objections according to the trademark's reputation or reputation to withdraw the trademark registered by Mr. Li.

Cui Jun, director of the Shenzhen Bar Association and lawyer of Guangdong Xing Xing law firm, also believe that there are 2 ways for Shenzhen ladies' house to apply for the cancellation of Mr. Lee's trademark. The first thing is to prove that she used the trademark of lady's house in shoes. Secondly, it is confirmed that the lady's house is a well-known trademark, so that it can enjoy the right to give priority to use.

He said that in fact, it was the announcement period within 3 months after the registration of Mr. Lee's trademark. At that time, if the ladies house objected, there would be no need to take legal measures.

　　“傍名牌”在深圳時有發(fā)生

In fact, similar incidents with Lady house have been taken place in Shenzhen many times. Many famous brands have suffered from the trouble of "being a famous brand". At present, there are still many incidents, such as Vanke, Tencent QQ and Kingdee in Shenzhen.

Cui Jun lawyer, who has 18 years' experience in intellectual property cases, said that the protection consciousness of Shenzhen enterprises is not very balanced. Some of them are very strong, such as HUAWEI, while the developing SMEs are relatively weak.

At present, trademark has become a profitable weapon for enterprises to compete for the market, and has gradually risen to the core intellectual property rights of enterprises. Once it is being grabbed by others, it will face a very serious situation. One is to fight against vicious competition, and the other is to profit and demand a high price.

However, according to the principle of prior application, enterprises should strengthen the protection measures and perfect system of trademarks in the process of development.

Jin Yan told reporters that once a well-known enterprise has encountered a trademark infringement incident, it can apply for cancellation of the trademark by legal action. The most effective way is to identify the well-known trademark, because the law stipulates cross class protection for well-known trademarks, that is, not only the exclusive right to be used in the same or similar commodities or services, but also protected by law in different or similar commodities or services.

But at present, the number of well-known trademarks in Shenzhen lags behind economic development.

According to statistics from the law firm of Oriental Jin Yuan, as the most famous trademark in China, there are only 13 enterprises in Shenzhen, far behind Zhejiang, Shanghai, Jiangsu and Shandong.