Many brand owners believe that once the trademark is registered, the entire process of brand protection is over.  But it is not the case.  With the expansion of the global market and the increasing number of trademark applications, the risk of trademark infringement also increases.

    In recent years, trademark infringement disputes happen frequently, such as the following well-known and typical trademark infringement cases, which are worthy of the attention and consideration for brand owners.

    "巴黎贝甜" (the English name is PARIS BAGUETTE) originated from PARIS CROISSANT CO., LTD., and was established as early as 1988.  The company opened thousands of "PARIS BAGUETTE" brand bakery in South Korea, and also have stores in France, China, the United States, etc.  The trademark enjoys a high reputation among the relevant public.  Jin Guangchun (an individual) and its company, Beijing Ba Li Bei Tian Enterprise Management Co., Ltd. have began to register a large number of "芭黎贝甜" trademarks which are similar to "巴黎贝甜" trademarks on multiple goods and services since 2014.  After successfully registering these marks, Jin Guangchun and its company, Beijing Ba Li Bei Tian Enterprise Management Co., Ltd. filed many malicious litigations and harassed the real trademark holders, which seriously affected the normal operation of the real trademark holders.  In the end, the real trademark holders had to take up legal weapons to defend their trademark rights.

    Shenzhen Ellassay Clothing Co., Ltd. registered the "歌力思" trademark on the goods “clothing, etc.” in Class 25 (歌力思is a Chinese transliteration of "ELLASSAY"), and the "ELLASSAY" trademark on the goods “wallets, etc.” in Class 18.  Wang Suiyong (an individual) registered the "歌力思" trademark on the goods “wallets, etc.” in Class 18.  After registering the trademark, Wang Suiyong notarized the purchase of the leather bags bearing the mark "歌力思ELLASSAY" at the "ELLASSAY" franchised counters in department stores in Hangzhou, Nanjing, Shanghai, etc. and then filed trademark infringement lawsuits against the act of producing and selling the above-mentioned leather bags by Shenzhen Ellassay Clothing Co., Ltd. and Hangzhou Intime Mall.  The case went through first instance, second instance, and retrial.  Finally, the Supreme Court ruled that Shenzhen Ellassay Clothing Co., Ltd. has a legal basis for prior rights, and that its use and behavior are justified.  Wang Suiyong’s trademark right is obtained in bad faith, and he filed an infringement lawsuit against the legitimate use of the trademark, which constituted abuse of rights.  As a result, the judgment of the first and second trials were revoked and all the claims of Wang Suiyong were rejected.

    Although the real right holders finally won in the above cases, it is tortuous and laborious.  These trademark infringement dispute cases have sounded the alarm bell for us, namely after successful trademark registration, we often face the risk of being infringed.

    It will be too late to file a lawsuit to defend your rights after discovering your trademark rights was infringed.  The infringing brands occupy the market, drive down sales, and affect the reputation of the brand; these damages have been caused and it is difficult to be compensated for, and the trademark protection lawsuits time-consuming and will cost a lot of money.

    Speed and quick reaction is critical for trademark protection. If we file opposition in time, it will prevent the similar trademark’s registration, stop the infringing trademark before it causes harm, eliminate potential harm, and finally pave the way for the long-term development of the brand. So, how can I receive notice of the similar trademark’s publication within the trademark opposition period?

    The trademark monitoring function on the Kangxin IP platform utilizes big data search and monitoring technology, to search and monitor the trademarks in each publication of the Trademark Gazette in accordance to our preset monitoring conditions (country, text, graphic trademarks, and class) to find the same or similar trademarks.  Using advanced AI image recognition technology, it can also realize the monitoring of graphic trademarks and trademarks of artistic font, "searching pictures with pictures" to meet our needs for graphic trademark monitoring.

    At present, Kangxin IP platform can help us monitor trademarks in China, EU and the United States.  After submitting the trademark monitoring order, we enter the monitoring database to view the monitoring results.  For the first time, you can immediately receive the monitoring report for the past 3 months.  After that, you will receive the monitoring report after each issue of the trademark publication.  You can click “submit the opposition” online, directly instructing us to file the opposition.

    Trademark monitoring is a fast and effective way of trademark protection.  From trademark monitoring to opposition, spending money on the front end to prevent the registration of infringing trademarks is much simpler and more efficient than filing a lawsuit after infringement behavior happens.

    Through trademark monitoring, on the one hand, it can help us timely file opposition against the same or similar trademarks during the opposition period, and more effectively achieve the purpose of brand protection.  On the other hand, it is also possible to understand the market layout and brand strategy of enterprises in the same industry by monitoring competitors’ trademark portfolio.

    The Kangxin IP platform(https://eservice.kangxin.com) is based on Kangxin's 26 years of rich industry experience and excellent legal service team.  It uses cutting-edge technology, in addition to the trademark monitoring function, it also covers trademark search, registration, recording of change, recording of trademark assignment, renewal, opposition, non-use cancellation, statistical analysis, trademark map and other functions.  It provides you a one-stop solution for your global trademark protection!