Many Sequelae Of "Open Trademark Registration"

Before 2001, individuals should Registered trademark They must have the status of "self-employed" and be confirmed to be engaged in relevant industries. After 2001, because of China's accession to the WTO, China has extended the scope of trademark applicants to all domestic natural person citizens. As long as they have ID cards, they can apply for trademark registration.

The cost of application is totally disproportionate to the potential huge commercial benefits contained in the trademark. To apply for the registration of a trademark, the registration fee is only 1000 yuan, and the agency fee ranges from 500 yuan to 1000 yuan; Once the application is successful, it is valid for up to 10 years. This led to a large number of natural persons applying to the industrial and commercial administration for trademark registration after 2001, waiting for the price to be sold.

"For example, it is useless to register a" Haier "trademark for technical training or a" Lenovo "trademark for food, but if these large enterprises decide to set foot in a new industry one day in the future, they are expected to sell at a good price." This confusion finally forced the State Administration for Industry and Commerce to increase the condition review of trademark registrants. Although the legal provisions have not been amended, after 2004, applicants generally need to provide qualification certificates for relevant production and business activities in order to successfully register trademarks in practice.

Nevertheless, those who have successfully registered between 2001 and 2004 Massive trademarks , leaving a lot of sequela The trademark dispute of "CSL" is one example. The trial result of this case may have a "benchmark" impact on the handling of similar disputes.