It is said that from Changsha HONGMING Trademark Agency, "SUNDANCE" Mark( a famous dress mark in hunan province) was registered by two companies in Hong Kong and Taipei after the register of 13 famous commodity marks incluing DIAOPAIӢDABAOӢMININURSE was registered by a company in Hong Kong.
According to the introduction of President Wubin of Changsha HONGMING Trademark Agency, the munber of registered trademark in hunan province reached ten thousand, but the munber of oversea registered trademark is less than 200.
Wubin explained that, according to the basic rules of international trademark laws,
the protection of trademark is based on the zones. At present, "REGISTER FIRST" rule is adopted by many counties and zones, that is who registered the mark first in a country has the monopoly right of mark and the mark of this company will be protected in the fixed country or zone. The products of a company which mark have been registered by others can not enter the markets where the mark have been registered, and if you want to enter the markets, you must change the original mark. On other hand, a company can control the markets in a country or zone through the way of registered the mark in the country or the zone. Because of the regimentation which the two companies have been registered is the 25th species(the dress, the shoes and the cap), according to the rules, the "SUNDANCE" mark in Hunan province can not enter the markets in Hong Kong and Taipei from now on.
A section chief from Hunan "SUNDANCE" CO.LTD. said, the accident was known just now, and we were shocked. The company was discussing how to save the losing of the mark.
The registration rate of "Hunan Famous Mark" is very low.
"China entered the Madrid System for international Trademark Registration" on 4th, Oct, 1989. At present, the munber of registered trademark in hunan province reached ten thousand, but the munber of oversea registered trademark is less than 200. The average yearly registration is less than 14." Wibin said, the registration proportion "Hunan Famous Mark" in Hong Kong and Taipei is less than 30%, the fewer in Euro, Japan, US and Australia.
Wibin said, after the entering into WTO, mark lead up registration become a way to fight agaist dumping by foreign companies. For example, Shanghai "HERO" pen mark was registered in a country, the registrant required the commission of 5% of the distribution on "HERO" pen in China mainland, and eventually, the distributors stop distributed the "HERO" products for the purpose of lower interests.
It is known that, the number of certificated Foreign-Related Agencies in Hunan province is two, that are Changsha HONGMING Trademark Agency and Hunan ZHENBANG Trademark Agency. In order to help Foreign-Related Mark Registration for provincial companies, Wumin expressed, Changsha HONGMING Trademark Agency will provide consult on Foreign-Related Mark Registration and Foreign-Related Registration documents etc. for provincial companies.
(From Xiaoxiang Morning. Translate by Zhujun) (21th, Sept,2004) |