Chinese people are not strong awareness of intellectual property rights, such as the owner of this only to be drilled into the hole, their trademarks by others to snatch, may snatch the one is to see the owner's business up, their trademarks registered to take a ride, but also can be invited to the price of this, with the rise of brand awareness, the situation will be more and more, a lot of information companies rely on trademarks for the main business.

In fact, the store name and trademark is a very fuzzy line, perhaps the owner just store name in use, but may have been involved in the promotion of trademarks and prominent use of the trademarks, other people to register this trademark, and later, with the owner's business bigger and bigger, but also may sue the owner of copyright infringement, in order to obtain compensation. But the owner would also like to remind you, the trademark is divided into 45 categories, involving several food industry, quickly look at their own category is not registered.

What are the circumstances other than those mentioned above?

1. and the trademark holder to negotiate the transfer, but the owner of this case, generally speaking, is not cheap;

2. look at the time of registration of the trademark, whether it has been more than ten years of validity, whether the renewal; if the trademark has been invalidated, seize the registration;

3. trademark law, there is a case can be revoked trademark, "three years of continuous No use", that is, if the owner has evidence to prove that the trademark in the registration, any three consecutive years (even if the three years have passed) the trademark has not been used, then you can propose to the Trademark Office to revoke the registration of the trademark.

4. Give up the word mark, with logo graphics or pinyin registration, and later in the business, try to avoid the use of word mark alone;

5. Playing ball, such as the name of the trademark is called "Purple Swallow", and you do food, such as brine, you can be called "Ziyan Barilla Chicken", trademark audit system of artificial audit, that is, people to decide whether you can register this name, so there will be subjective factors and differences, it is possible to pass the audit registration.

In summary, about my store name was registered by someone else trademark how to do the problem, it is recommended that the use of legal weapons to legally defend their rights and interests.

Legal basis: "The Chinese People's **** and the State Trademark Law"

Article 51 violates the provisions of Article 6 of this law, the local administration for industry and commerce ordered to apply for registration within a limited period of time, more than 50,000 yuan of illegal business, you can impose a fine of less than 20% of the amount of illegal business, there is no illegal business, or the amount of less than 50,000 yuan, you can impose a fine of less than 10,000 yuan. fine.

Article 52 will be unregistered trademarks used as registered trademarks, or the use of unregistered trademarks in violation of the provisions of Article 10 of this Law, by the local administration for industry and commerce shall be stopped, and shall be subject to a period of time to correct, and may be notified of the illegal business amount of more than 50,000 yuan, may be imposed a fine of less than 20% of the amount of the illegal business amount, or the amount of the illegal business amount of less than 50,000 yuan, may be imposed a fine of less than 10,000 yuan. may impose a fine of less than ten thousand yuan.

Article 53 Violation of the provisions of Article 14, paragraph 5 of this Law, the local administration for industry and commerce shall order correction and impose a fine of 100,000 yuan.