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Commentary: The Electricity Suppliers Are Fighting The Trademark.

2014/12/11 17:43:00 31

Electricity SupplierTrademarkCompetition

This year, "double eleven" Alibaba group online shopping total amount of 57 billion 100 million outstanding performance is still in sight, "double two" online shopping feast has arrived.

Compared with previous years, this year's "double eleven" electricity shopping carnival is very different. It is a trademark fighting law between the major business enterprises, which is skillfully advertised, and extends from "double eleven" to "double two".

Because Alibaba group has registered the trademark "double eleven" and "double two", the industry calls it defensive registration, which is a forward-looking trademark of the brand that it is using or may need to use and the object it may confuse.

In fact, Alibaba group had registered trademark in defensive three years ago. Last year, "double eleven" got the trademark registration certificate. This year, it took the cold shoulder to light, only to arouse the attention and emergency response of other electric business enterprises.

It should be said that the Alibaba legal team is very powerful, because it is not easy to see problems and risks, but it is even harder to listen and take action.

Although a single trademark registration seems not to be expensive, it takes a considerable amount of time, energy and money to apply for registration in large quantities and full coverage.

I have heard many times during lectures or speeches, and I have heard the feedback from the business representatives. We also agree with what you said, but unfortunately, my report is not approved by the leaders.

Moreover, such work is often registered because of the 999 categories of trademarks are not accidents, just the remaining unregistered one, it is easy to be criticized.

After the Alibaba takes out the trademark registration certificate, other e-business enterprises' "double eleven" advertisements have to be changed urgently, so as to avoid obvious infringement.

At the same time, they do not forget to tease Alibaba in the advertisement (for example, one side says, "double eleven you have and only one choice", the other side says, "double eleven you should have one more choice", one side says, "the order is not the same price, because I am the biggest", the other side says, "do not force the price, you are the richest."

At the same time, also played a registered network to build trademarks suspected of violating the "open sharing" Internet spirit of the banner of public relations, e-commerce bigwigs because of trademark registration and application caused by advertising, public relations, public opinion attack and defense war, interesting and interesting.

However, the effectiveness of these measures all depends on the fundamental arrangements for all parties to prepare for the rainy day, that is, trademark defensive registration.

Defensive

register

It can provide legal protection for the company's new projects to develop territory.

In Chinese traditional culture, the auspicious language suitable for opening a shop to be a signboard has been compiled by a person. There are probably dozens of words. The traditional shop trick is generally composed of these lucky Chinese characters. Now, although people no longer stick to these traditional auspicious words, but who is not lucky to create a brand, and the picture is loud, so good brand words are still limited resources.

Moreover, building brand awareness and reputation is by no means an overnight effort.

When Google entered China in that year, he hoped to set up a Chinese brand, consider many options, and finally determine the "Google" used now.

When it was announced, it caused many Google loyal users to protest.

  

Defensive registration

It can prevent malicious snatches from competitors and professional investors.

In 2013, 1 million 881 thousand and 500 trademark applications were accumulated in China.

trademark

There are more than 14 million applications, and professional investors have made huge profits by malicious rush to trade marks.

Because enterprises usually do not want to disclose the price of buying trademarks, so as not to encourage malicious speculation, the purchase price of trademarks is generally secret.

Some trademarks end up because the snatch lion talks big, and the enterprise is unwilling to compromise.

Some trademarks are registered by other enterprises in normal operation, so they are not rush entries. Later, enterprises hope to register such brands, and can only negotiate to purchase trademarks that have been legally registered by others.

Otherwise, it may encounter serious legal risks because of breaking the trademark law.

A typical case in this respect is the IPad trademark dispute case that I had analyzed in this column. Apple did not think of this level, but entrusted the matter of trademark to a large pnational legal service institution. It did not expect that there was a little flaw in the actual operation, but in the end, the commercial cost that Apple Corp paid for this minor mistake was 60 million US dollars.

Prior to the Apple Corp's acquisition of iPhone trademarks from Chinese companies through normal consultations, it only cost millions of dollars.

It can be seen that the cost of professional services may be expensive, but it is always decimal compared with the possible commercial risks.

I do not see that foreign enterprises in China attach the most importance to various professional services. The direct result is that foreign companies have few cases of losing intellectual property rights in China, while in China, the rate of winning foreign companies in intellectual property cases is more than 90%.

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