Trademarks Preemptively Registered Overseas And The Corresponding Counter Measures

Trademarks preemptively registered overseas is a kind of problem any enterprise which wants to expand its market overseas will face to. It is an issue including both theoretical researching value and economical practical significance. This thesis takes Chinese enterprises which suffering such problems as an example to analyze this issue and find counter measures may be adopted.The first part of this thesis gives a briefly summarizing and analysis of the trademarks preemptively registered situations the Chinese enterprises suffered when they are entering into the international market, and points out the reality of this issue and the necessity to solve this problem. Pursuant to the specific different situations of the problem above, this thesis will tell the final damage of such issue bringing to affect the enterprises'business, confuse the customers, or even endanger a country's foreign trade transition.The second part of this thesis gives the legal definition of such issue and relevant activities from positions of the economics, law and social practice. The trigger of such registration preemptive may be caused by the enterprise itself and other objective elements. Due to the regionality of intellectual property, to confirm the legality of the trademarks preemptively registered overseas should be in accord with different local countries'legal systems.The third part of this thesis will give an detailed analysis via a case between Japan and America. We can see from this case, even in the developed countries such problems also happen, the original trademarks owners also should obey the local country's relevant laws. And Madrid International Registration System and European Community Trademark Registration System are also expounded in this part for many enterprises' convenience in the developing country.The last part will provide the corresponding strategies and solutions including two parts, the prior prevention and the afterwards remedy. Before such problem happened, an enterprise shall adopt the registration or selling ahead of time. An enterprise could choose different measures to solve this problem such as bringing an accusation or negotiation with the help of the government and media against the competitor. Or even retake their own intellectual property by using of the government or the media. Even though adopting a spare trademark finally, not quitting the international market or giving up the transition of the foreign trade.