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Under Fan Wuxi's deliberate manipulation, several major web portals have singled out the matter of Fenjiu Group going to court with the State Administration for Industry and Commerce, which has caused a lot of discussion.

After all, during this period, most of the people were still in awe of the prestige of the government departments, and it was indeed quite shocking that some companies sued the State Administration for Industry and Commerce in court at this time.

In fact, Fan Wuxian has a lot of opinions on the recognition of well-known trademarks in this country.

At present, there are multiple methods for the selection of famous brands in China, and they are responsible for different departments, such as well-known trademarks are assessed by the administrative department for industry and commerce, and China's world famous brand products and Chinese famous brands are evaluated by the China Famous Brand Products Promotion Committee.

In addition, some local governments and industrial and commercial departments have excessively pursued the number of well-known trademarks, and the industrial and commercial bureaus in some places have set a grand goal of achieving one well-known trademark per county within three years. Many people believe that there are undesirable phenomena such as excessive use of well-known trademarks by local courts, and excessive pursuit of the number of well-known trademarks by local governments.

The selection of well-known trademarks is a good thing, which can let everyone know more influential enterprises, especially those well-known enterprises that have enjoyed a good reputation in the industry for a long time, which is very beneficial for everyone to compare the quality of products within the same kind of products and choose the most cost-effective goal.

Only when you know what kind of quality the well-known trademark products are, will you know whether other products are good or bad, so that many other non-well-known trademark companies will automatically take the quality of well-known trademark products as the standard to catch up or even surpass.

In this way, a large number of excellent enterprises and high-quality products will emerge in a few years.

But the current situation is just the opposite, the industrial and commercial sector is to collect money, the places are for publicity, the enterprise is for interests, after the combination of the three aspects, it has formed the current well-known trademark, and even many of the selected enterprises have never heard of it, and even the enterprises that have just been established for two years, after a long time, the TV commercials are all well-known trademarks in China, and after watching it, people feel that if there is a company that is not a well-known trademark in China at this time, it is the introduction of attention.

In this way, there are more lice and no bites, but the credibility of enterprises and relevant departments is not left.

Another very important problem is that the current trademark regulations mostly emphasize passive protection, and do not set up a protection system for defensive trademarks and joint trademarks, resulting in legal obstacles for trademark owners to file defensive and joint trademark registration applications to prevent preemptive registration.

In addition, the current establishment of the trademark opposition and review system is prone to abuse of rights, which directly leads to the slow trademark registration process, and some trademarks have a high reputation but cannot be approved for registration for a long time, and some have not been approved for as long as seven or eight years, which is almost close to the ten-year protection period of registered trademarks.

In view of the current excessive recognition of well-known trademarks, the excessive emphasis on the passive protection of well-known trademarks in trademark regulations, and the lack of legislative protection for some well-known trademarks that are still in the stage of growth and development, many people in the industry have said that this will not only restrict the construction and development of well-known and well-known trademarks in China, but also be detrimental to the support and protection of national brands in the future.

Fan Wuxian also discussed this issue in conversations with many people in the business circles, and believed that a special chapter and section should be made in the trademark regulations to stipulate the protection system for well-known and famous trademarks. The legal provisions on joint trademarks and defensive trademarks are added, and the right holders of famous and well-known trademarks are reasonably guided to register and protect their actual trademarks or registered trademarks for joint trademarks or defensive trademarks. Amend the current opposition proceedings to limit the qualifications of applicants and the grounds for initiating opposition proceedings to better prevent abuse of opposition proceedings.

At present, the dilemma faced by domestic enterprises in terms of trademarks is not only a problem of domestic protection, but also a headache for the continuous problem of preemptive registration in the world.

There are many domestic enterprises that have had the problem of trademark being preemptively registered overseas, and the reason why this problem can occur is not only related to the enterprise itself, but also to the inaction of certain functional departments of the government.

For a long time, Chinese enterprises usually only register trademarks in China, while overseas trademark registration is basically represented by foreign trade companies. In recent years, with the deepening of the reform of China's foreign trade system, most of the foreign trade companies have been canceled the right to register overseas trademarks, and the trademarks that have been registered by them need to be redeemed by enterprises, so at present, only about two percent of China's export products have their own trademarks, three percent of enterprises have no trademarks, and the other five percent are OEM.

There are three main situations of trademark squatting: First, peers seize the market by preemptively registering trademarks. Second, agents obtain exclusive agency rights by preemptively registering trademarks and obtain greater profits. The third is to obtain benefits through the transfer of trademarks.

Some overseas trademark registration companies or individuals, smelling the business opportunities in trademark reselling, have derived a chain of industrial interests, first preemptively registered, then speculated, and then coerced the enterprise to redeem or resell to the company's competitors. On the one hand, they provide enterprises with services for the recovery of trademarks for a fee, and on the other hand, they secretly engage in trademark resale speculation.

There are a number of overseas trademark registration companies in the world, they know that trademark squatting is easy and difficult to pursue, and the risk of large economic interests is very low, so that large-scale trademark squatting has become a means for some companies to seek profits, for example, there is a Chinese time-honored trademark transfer company in Canada.

Due to the indifference of trademark awareness and unfamiliarity with international trademark laws of most enterprises in China, on the one hand, the enthusiasm and possibility of foreign trade companies to help enterprises register and protect trademarks are low, on the other hand, enterprises need an adaptation process from applying for registered trademarks in China to taking into account both domestic and overseas applications, and some enterprises have even suspended the overseas registration of trademarks. As a result, more and more Chinese trademarks have been preemptively registered abroad and have been forced to withdraw from the local market. In addition, the inadaptability brought about by the transformation of the system is also an important reason why domestic enterprises are frequently preemptively registered in the process of going global.

Among the many trademark squatchast cases that have occurred so far, the most influential is the Hisense case.

Last year, Siemens registered the trademark "HiSense" in Germany. Now,Hisense wants to enter the European market,As a result, it has encountered trademark problems,Through contact,Siemens said,Ask for up to tens of millions of euros in trademark transfer fees。

Similar to Hisense, many mainland enterprises are negligent in trademark protection and do not realize the importance of trademark intellectual property rights, and once a trademark is preemptively registered, it must be proved that the other party is preemptively registered in bad faith before it can be revoked in accordance with the relevant procedures.

Now that mainland trademarks have entered the peak period of being preemptively registered abroad, once a well-known trademark is preemptively registered, it will have to pay a huge price if it wants to regain it, and if it is not recaptured, it will have to face the fate of being sued for infringement or withdrawing from the existing market.

In fact, it generally costs 800 to 2,000 US dollars to register a trademark abroad, which is nothing at all for a large enterprise, and the price of a meal is sometimes not enough.

There are two main ways to apply for overseas trademark registration: one is through the Madrid international registration system, which China has joined ten years ago, and as long as it costs 100,000 yuan, it can register a trademark in more than 70 countries and regions around the world, and the other is to apply directly to the country where it is located, and can only be protected in that country after registration.

The Paris Convention for the Protection of Industrial Property stipulates that if one party does not have sufficient evidence to prove that the other party has committed an act of unfair competition for more than five years, it can only redeem the trademark with a large amount of money. If Hisense can't prove that the Siemens "HiSense" trademark is preemptively registered in bad faith within five years, then the "HiSense" trademark will threaten Hisense like a "time bomb" that may explode at any time.

Unless Hisense is not developing in Germany or Europe,Otherwise,Siemens' behavior is like a stumbling block,Make Hisense's overseas market strategy difficult。

When Siemens registered the "HiSense" trademark in Germany, the trademark and Hisense's "Hisense" trademark were only case-sensitive at the middle letter "S", but at that time, Hisense's product exports to Europe were limited, so it was not greatly affected.

Recently, Hisense's overseas sales growth momentum is gratifying,Trademark issues have seriously hindered Hisense's products from entering the German market。

In negotiations with Siemens,Hisense had offered to buy"HiSense"Trademark,But Siemens' trademark transfer price of up to tens of millions of euros made Hisense unacceptable,In fact, Siemens registered"HiSense"Trademark,It is precisely to prevent Hisense from entering the European market。

In fact, as early as 10 years ago, the Chinese government submitted a notification to the World Intellectual Property Organization (WIPO) of its accession to the Madrid Agreement Concerning the International Registration of Marks, which officially entered into force for China in the same year.

The Madrid Agreement provides trademark applicants with a low-cost, efficient and easy-to-operate way to register their trademarks internationally, with the characteristics of using one language, filing one application and paying one fee. The applicant only needs to apply for trademark registration with the International Bureau of the World Intellectual Property Organization through its national trademark registration authority and pay the fee, and can obtain the exclusive right to use the trademark in other contracting parties within a specified time.

After joining the Madrid Agreement, compared with the traditional country-by-country registration, it can save a lot of time and costs for domestic enterprises, and the high efficiency and ease of operation of Madrid international trademark registration provide strong support for many enterprises involved in the international market to obtain trademark protection internationally.

The reason why Fan Wuxian has a grudge against the industrial and commercial department is that he feels that they have done too little work in this area, even if they collect money to do things, they should at least publicize the common sense in this area, right? After all, how many companies in China know what the Trademark Office does?

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