Intellectual property rights case

1. Zhongshan’s Shanshan Company has been very upset recently. Because the original good sales situation was destroyed by another local company using the same brand.

2. The story is like this. Zhongshan Shanshan was originally a channel sales company, and because it is familiar with the market, it has reached an agreement with a Hong Kong company. The market is opened up by Zhongshan Shanshan, and the Hong Kong company is responsible for providing trademarks. At that time, Zhongshan Shanshan also signed a "Trademark Exclusive License Agreement" with the Hong Kong company. I think it is insured. However, it is regrettable that there are many vulnerabilities in the exclusive use of trademarks. This exclusive license does not have an agreement on how to penalize the breach of the agreement, nor does it stipulate the exclusive use of the trademark. Even more troublesome is that the agreement does not stipulate arbitration or jurisdiction.


3. The result is a lot of trouble. After investing a lot of money in Zhongshan Shanshan to develop a good market, the Hong Kong company let its relatives open another company in Zhongshan to sell the same products. The current Zhongshanese is that if it directly filed a lawsuit against the exclusive use of the trademark infringer, the trademark owner is required to provide assistance. If the owner of the relevant trademark is sued, there is trouble in the jurisdiction. The result is a loss of previous market input.


4. Faithful Corporate Legal Service Platform Recommendation: For trademark use, it is best to register yourself. If you must use the trademark of another person, you must have a clear agreement on the rights and responsibilities of both parties in the contract.


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