The trademark transaction has formed the grey industry chain

This reporter Chongmei recently Beijing's first "trademark auction" so that the original hidden "Professional trademark registration people" have surfaced, squeezed to the front of the auction. Subsequently, the registered trademark in various places caused more and more controversy, eventually led to Beijing and even Jiangsu and other places, "trademark auction" have to postpone.　　However, the reporter recently found that the sale of registered trademarks of the "Ming Road"-although the auction has not yet gone through, but the use of the network trademark registration, has formed a huge high price of the gray economic industry chain.　　Trade mark Network transfer transactions in recent years unusually active, in addition to the normal transfer of trademarks, a large number of registered trademarks also through the successful sale of the platform, lucrative. "China-only trademark transfer network, the country's largest and most complete trademark transfer network, China trademark supermarket network, the highest turnover rate of the trademark transfer network, buy Low-cost trademarks good trademark transfer network; Buy a trademark, it will cool standard network, most of the hand trademark transfer network, joint trademark transfer Network, professional services trade mark ... yesterday, the reporter in" Baidu "search" Trademark transfer "keyword, found that there are as many as 15 million pages.　　And on many websites, many trademarks are familiar, there is "alongside famous brand" or suspected of registering. Familiar with luxury brands of consumers are aware of Germany's "boss" clothing, the reporter yesterday in a trademark online see, someone is transferring only the size of the "Boss" in the "gas lighter" category of registered trademarks; "Cherry" electric water heater is well-known consumer appliances brand, and the reporter saw,　　A trademark supermarket is listing the "cherry blossoms" in oil lamps and other categories of registered trademarks; "Hassan" Leather shoes in the capital of the major shopping malls have almost all, but "Hassan" in the rice cooker, refrigerators and other household appliances category of registered trademarks are also in the sale of the transfer ... "The highest price is not the creative trademark, but the brand that is the same or similar as the existing one."　　"Amoy Standard net" general Manager Rocheng introduced, register a kind of trademark cost up to 1000 yuan to 2000 yuan, the successful transfer out of the highest can profit million or even tens of millions of dollars, the least profit can reach 10 times times more.　　Rocheng revealed that the trademark "supplier" in a large number of small companies run by natural persons, special focus on the opportunity to register trademarks, timely "Leackage check", registration of some valuable trademarks, and then seek to increase the transfer. The "demand side" of the trademark, is often some mature brands, China has 45 major categories of trademarks, the general Enterprise only register several major categories. However, enterprises in the market development soon found that there is a large category of registered trademarks are not registered by others. Given the difficulty of rebranding, or the fear that products of the same brand are misleading consumers, they can only be negotiated and bought by the trade mark Holder.　　The news that registered trademarks were bought by companies at high prices, in turn, spurred more people to rush in and spurred a higher enthusiasm for those who registered trademarks.　　The fact that the trademark was bought back at a high price has repeatedly stimulated the registration of the trademark, so that industry experts told reporters that the crowd of registered trademarks is not a decimal, but the formation of the industry. "When the industrial chain of trademark transfer is formed, it will certainly. "Amoy Mark Net person in charge discloses, the trademark of the famous brand once deals active, such as the clothing type various shape" crocodile "," the old person head "and so on trademark. For example, "Jin Pa" Enterprise registration is a trademark of men's clothing, and soon someone has been registered in the cosmetics category of the trademark; "Pioneer" sound after the famous, someone has registered its in the refrigerator, air-conditioning category of trademarks.　　However, as China's trademark supervision is more and more stringent, this kind of trademark registration and transfer will become increasingly difficult. "In fact, the well-known enterprises or attractions if they can not actively apply for trademarks, protection of intellectual property rights, by others successfully registered trademarks, to a certain extent, China's" trademark law "allowed." "Beijing Tiancheng joint Intellectual Property Agency general manager Lingwen told reporters that this behavior in the law is understandable." Maybe once again, after the controversy over the trademark case, more enterprises will realize that the active protection of trademarks and other intangible assets and intellectual property is imminent. RJ046 experts suggest that the new trademark law should provide for compensation for those who are to be returned to the registration mark "Many companies have yet to realize how important intangible assets are to the business, and that they are worth even far more than tangible assets." "Amoy Mark network responsible for analysis, and tangible fixed assets will appear loss and depreciation, trademarks of this type of intangible assets with the increase in corporate visibility, product sales opened up year by year." And the first "enlightened" a group of people, has become a trademark of the registered person.　　The reporter learned that many individuals in the hands of registered trademarks as many as hundreds, if all successfully sold, profit will be more than tens of millions of dollars. Haier Group in the overseas application for trademark patent costs accumulated to hundreds of millions of yuan, this economic strength of the vast majority of Chinese enterprises do not have. Beijing good Fortune Intellectual property Agency general manager Wang Hao told reporters, because there are more than 200 countries and regions in the world, only the trademark application in China involves 45 categories, no company in the early days of the establishment of its trademarks in all countries and regions to apply for registration.　　Therefore, it is unavoidable that the trademark is registered, it is a global problem that the famous trademark is registered by others abroad. However, industry experts agree that as long as the company has the awareness of protecting trademarks, by strengthening the day-to-day management of trademarks, can completely prevent others to the trademark registration. First, enterprises should take the initiative by applying for trademark registration, domain names, appearance patents, copyright registration and other legal means of comprehensive protection of trademarks; If you can not register trademarks, at least in a timely manner to check the relevant announcements in order to raise objections or disputes, to prevent others malicious registration of trademarks, for the prevention of trademarks by foreign agents, registered, Standardize the contract of foreign agents, in the agency contract expressly stipulates that the customer can not be registered in their own name and corporate trademarks of the same or similar trademarks, the full preservation of trademarks at home and abroad the use of evidence, with these evidence, it is possible through legal means to return the registered trademark.　　In addition, the registration of trademarks should be actively take legal action. Experts suggest that a new round of revision of China's trademark law should stipulate that if a registered trademark is to be returned by the enterprise, the registered person shall bearA certain amount of compensation, which will greatly reduce the total number of registered trademarks. According to the introduction, in some developed countries, if similar trademarks were registered, I raised objections and successfully revoked the trademark registration, the respondent Party to bear the liability or the costs of objections may be as high as thousands of to tens of thousands of U.S. dollars. In our country, if the registered celebrity trademark is revoked, the registered person does not have to bear any expense.　　Once the "owner" is required to buy back a registered trademark, the registered person can get a lucrative "profit".　　The stone of his mountain how to prevent the trademark from being robbed according to industry experts, the most iconic trademark law system has two methods. First, the United States, Canada and other countries represented by the trademark protection followed the principle of "use prior."　　That is, if the trademark applicant cannot submit the evidence that has used the trademark, its trademark application will not be approved, which greatly reduces the phenomenon of trademark registration. The second is the EU countries, such as Germany, the official once accepted similar or similar to other people's trademark registration application, will be the initiative to notify the "infringement" of the enterprise or the right person.　　This avoids a large number of uninformed or not pay attention to trademarks in the case of infringement, so that enterprises can promptly raise objections to prevent others from registering. The typical event of a trademark being caught in 1989, Beijing medicinal Herbs Company found that its "Tong Ren Tong" trademark in Japan was registered. The company then to "Tongren Temple" for the public well-known well-known trademarks on the basis of the request of the Japanese concession office to revoke the improper registration of trademarks, Japan requested to submit "Tongren" Department of China's well-known trademarks of the document. In order to protect the legitimate rights and interests of trademarks in other countries, the Trademark Office in 1989, after extensive social investigation, formally identified the "Tong Ren Tong" trademark as China's well-known trademarks.　　This is the trademark Office identified the first well-known trademarks in China.　　In 1989, a Japanese company registered the "Ren Tong" trademark was successfully revoked. Hisense Group "Hisense" trademark in 1999, Siemens affiliated company Bosch-Siemens in Germany malicious registered Hisense "Hisense" trademark. In 2004, the company asked Hisense for up to 40 million euros in trademark transfer fees, and Hisense to the German court of Cologne. This lawsuit has aroused great concern of Chinese business circles, legal profession and government departments.　　Ministry of Commerce, such as government departments, China Household Appliances Association and other non-governmental organizations have expressed support for Hisense, Hisense also announced its decision to send a legal team to the German lawsuit.　　March 2005, the two sides reached a settlement, Hisense bought 500,000 euros back trademarks. Lenovo "Legend" trademark 2001, Lenovo began the pace of globalization, but found that Lenovo's English name Legend in the world has been more than 100 companies registered trademarks, the industry throughout the entertainment, automobiles and so on.　　Legend has it that Lenovo tried to buy two of them back in Europe, but soon found that it was almost impossible to talk to and buy from more than 100 companies around the world.　April 28, 2003, Lenovo announced spending huge sums to replace "Legend" as "Lenovo".　1 years after Sony Ericsson was founded, the "Sony Ericsson" trademark was registered by a natural person in Guangzhou.　　After 4 years of litigation, the High Court of Beijing believes that there is not enough evidence to prove that Sony Ericsson is the abbreviation.　　March 2009, the High Court of final judgment Sony Ericsson lost "Sony Ericsson" trademark. Wangzhihe and Owen Kelly are a department store run by German Chinese, mainly selling food from China, including wangzhihe and fermented bean curd, old godmother chili sauce, white home convenience fans, etc. Around 2006, Owen Kelly registered its sales of the above-mentioned Chinese enterprises trademarks.　　One of Beijing's old Wang Gio from the end of 2006 to defend the rights, to April 2009 Hilling end, Wangzhihe and lasted 820 days, in Germany won the "China's first case of overseas rights protection." Wangzhihe and group successfully revoked the company in 29, 30 categories on the registration, and successfully in Germany in 29, 30 and other categories on the registration of Wangzhihe and trademarks.