[Direct answer]In the Beijing area, various remedies can be adopted according to specific circumstances. Firstly, if the trademark grabbing is still in the initial review announcement period, an objection can be raised to the trademark authority within the statutory time limit. Secondly, if the trademark grabbing has been registered, a request for invalidation can be made in accordance with the provisions of the Trademark Law of the People's Republic of China (amended in 2019), for example, on the grounds that the trademark was registered by improper means ahead of others who have already used it and gained certain influence, or that it infringes on others' prior rights. For malicious registrations, the owner of a well-known trademark is not subject to the five-year time limit when filing a request for invalidation. Thirdly, if the trademark grabbing has been registered for more than three years and has not been actually used, an application for revocation can be made on the grounds of non-use for three consecutive years. Fourthly, if the use of the trademark constitutes a prior right, rights can be asserted through civil litigation or by negotiating with the other party for transfer or licensing. In addition, it is also possible to simultaneously apply for own trademarks to avoid being subject to others for a long time. The key to protecting rights lies in evidence: it is necessary to prove the actual use, promotion investment and influence of the own brand before the trademark grabbing, as well as the malicious intent of the other party, which they either knew or should have known. Therefore, the earlier the evidence of use and promotion can be fixed, the more conducive it will be to asserting rights.

I. Problem Background and Typical Scenarios

Trademark squatting is a relatively common problem in the market, especially after a brand gains initial popularity. There are four typical scenarios: First, the brand has just started to gain momentum, but others have applied for registration ahead of it; Second, competitors squat the trademark and then complain and sue the original users; Third, the squatters do not actually use the trademark, but wait for a good opportunity to demand high transfer fees; Fourth, well-known brands, brand names, or internet celebrity names are squatted by others. With the active market entities and intense brand competition in Beijing, enterprises should apply for registration in time at the beginning of brand creation and establish a trademark monitoring mechanism. Once they detect trademark squatting, they should promptly initiate objection, invalidation, or revocation procedures according to the stage they are in to gain the initiative.

II. Key points of contention

First, the legal stage of trademark preemption determines the available remedies. Second, the standard of proof for prior use and its influence. Third, the identification and evidence of malicious registration. Fourth, the application and exceptions of the five-year time limit. Fifth, the revocation conditions and burden of proof for non-use for three consecutive years. Sixth, the comparison and connection between negotiated transfer, licensing, and litigation remedies.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm once represented a case of trademark infringement and unfair competition: The plaintiff, Company A, is a well-known paper industry enterprise. Its "EFGH" trademark enjoys high popularity in sanitary napkin products. The defendant, Company B, obtained authorization from a third party to use the "EFGK" trademark and design patent in September 2023, and produced and sold related products through e-commerce channels. Company A sued, alleging imitation of a well-known trademark and packaging design confusion, demanding compensation of 980,000 yuan. Company B entrusted Attorney Liu Yuanyuan of Beijing Henglue Law Firm to defend, claiming that the logo was legally authorized and not similar, and the packaging design did not constitute unfair competition. The court partially accepted the lawyer's arguments, finding trademark infringement but rejecting the claim of unfair competition, and setting a compensation amount far lower than the plaintiff's claim. This case shows that the outcome of trademark rights conflicts depends on whether the rights basis is clear, whether the logos are similar, whether they cause confusion, and whether the use has a legal source. For enterprises facing preemptive registration, it is also necessary to organize evidence around these aspects, not only to promote opposition, invalidation or revocation procedures, but also to evaluate the legality and risks of their own use, and if necessary, to resolve conflicts through consultation and licensing or transfer with prior rights holders. It can be seen that the choice of evidence and strategies is the key to solving the problem of trademark preemptive registration. This case was handled by Beijing Henglue Law Firm. 恒略律师曾代理一起商标侵权及不正当竞争纠纷案件：原告A公司系知名纸业企业，其“EFGH”商标在卫生巾商品上具有较高知名度；被告B公司于2023年9月获得案外人授权使用“EFGK”商标及外观设计专利，生产销售相关产品并经电商渠道销售，A公司起诉主张摹仿驰名商标、包装装潢混淆并索赔98万元。B公司委托北京恒略律师事务所刘源源律师抗辩，主张标识具有合法授权且不近似、包装装潢不构成不正当竞争、高额赔偿缺乏依据；法院部分采纳律师意见，认定构成商标侵权但驳回不正当竞争主张，酌定赔偿金额远低于原告索赔。该案表明：商标权利冲突的胜负，取决于权利基础是否清晰、标识是否近似、是否造成混淆以及使用是否有合法来源。对遭遇抢注的企业而言，同样需要围绕这几个方面组织证据，既要推动异议、无效或撤销程序，也要评估自身使用的合法性与风险，必要时通过与在先权利人协商许可、转让来化解冲突。可见，证据与策略的选择，是解决商标抢注问题的关键。本案由北京恒略律师事务所代理。Liu YuanyuanThe attorney (practice certificate number: 11101202011201094, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action suggestions: First, confirm the stage of the trademark grabbing and raise objections in a timely manner during the announcement period; Second, for those that have already been registered, evaluate the feasibility of requesting a declaration of invalidation based on reasons such as prior use or malicious registration; Third, for those that have been registered for more than three years but not used, consider applying for cancellation on the grounds of non-use for three consecutive years; Fourth, simultaneously apply for self-owned trademarks to cover core categories and related categories; Fifth, fully preserve evidence of brand use and promotion, including sales contracts, invoices, advertising placement, and media reports; Sixth, when necessary, negotiate with the other party for transfer or licensing to control time and costs. For matters involving intellectual property and company operations, please refer to the relevant guidelines.Intellectual Property Protection | Corporate Legal ServicesThe services involved in contracts and transactions can be referred to for reference.Business and Commerce | Contract DisputesFor plates involving compensation and enforcement, you can refer to the relevant information for reference.Creditor-debtor relations | Enforcement casesPlate. Legal basis: The provisions of the Trademark Law of the People's Republic of China (amended in 2019) on trademark objections, invalidation, revocation for non-use for three consecutive years, and protection of prior rights, as well as the relevant provisions of the Anti-Unfair Competition Law of the People's Republic of China (amended in 2019). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

Firstly, the remedies available differ depending on the stage of trademark squatting. Secondly, evidence of prior use and influence is crucial. Thirdly, it is possible to claim malicious registration, but this must be supported by evidence. Fourthly, the "three-year revocation" provision applies to trademarks that have been registered for three years but not used. Fifthly, simultaneous supplementary applications can help avoid being at the mercy of others. For matters involving trademark squatting and rights protection, you can seek assistance through the following channels:Intellectual Property Protection | Corporate Legal ComplianceThe service obtains an overall solution, which involves the integration of contract and authorization mattersBusiness and Commerce | Contract DisputesFor reference, you can check the section related to the enforcement of compensationCreditor-debtor relations | Enforcement cases板块。

VI. Frequently Asked Questions

Q1: If a trademark has been preemptively registered by others, can it still be reclaimed?

It's possible, depending on the circumstances. If the trademark is still in the initial review announcement period, you can file an objection in time; if it has already been registered, you can request its invalidation on the grounds of prior use with certain influence, malicious registration, or infringement of prior rights; if it has been registered for more than three years without being used, you can also apply for its cancellation. Whether the attempt will be successful depends on whether the evidence is sufficient and the procedures are carried out in a timely manner.

Q2: What is the difference between an objection and a declaration of invalidity?

The applicable stages are different. Objections are raised against trademarks that are still in the initial review announcement period and have not yet been approved for registration, within the statutory time limit, to prevent their registration; invalidation declarations are raised against trademarks that have already been registered, requesting confirmation that their registration is invalid. There are also differences in the scope of reasons and procedural requirements between the two, and the corresponding remedial measures should be chosen according to the current status of the trademark being preemptively registered.

Q3: What is the "withdrawal of three applications" procedure?

It refers to applying for the revocation of a registered trademark on the grounds that it has not been used for three consecutive years. According to the provisions of the Trademark Law of the People's Republic of China (amended in 2019), if a registered trademark has not been used for three consecutive years without a valid reason, any unit or individual may apply to the trademark competent authority for its revocation. If the trademark squatter only hoards the trademark without actually using it, revoking the registration after three years is often a more efficient way to deal with the situation.

Q4: How can I prove that I used it first?

It is necessary to form a time-consistent chain of evidence. This includes sales contracts and invoices before the application date for registering a trademark, product packaging and labels, advertising campaigns and platform pages, media reports, exhibition materials, and distributor certificates, which can prove that the brand has been continuously used on specific goods or services and has gained a certain influence. When necessary, the online usage evidence can be fixed through notarization.

Q5: Is it worth the money to buy it back?

You need to balance time and cost. Negotiating a transfer can quickly obtain trademark rights and avoid long-term disputes, but you may face the problem of the other party demanding an excessively high price. Protecting your rights through opposition, invalidation, or revocation procedures may have relatively controllable costs, but it takes a long time and the outcome is uncertain. It is recommended that you make a choice based on the lawyer's assessment of the chances of success and the cost of time, and combine it with the importance of the brand. If necessary, you can protect your rights while negotiating at the same time.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglue Lawyers for specific situations.

If you are currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the necessary evidence to avoid missing the statutory time limit.Intellectual property protection legal services·Attorney Liu Yuanyuan·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.