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The Belt and Road National Trademark Review Practice (II): Offensive and Defensive Strategies in Overseas Trademark Rights Protection
Time: 2025-10-27 Click count: 970

1、 Attack and Defense in Trademark Rights Protection
(1) Response measures for being hijacked
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Raise objections
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(2) Response measures for infringement
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Indonesia

① Investigation and evidence collection: Investigation and evidence collection are divided into two modes: online and offline market research. The rights holder can choose the corresponding investigation method based on the actual infringement situation

② Lawyer's letter: Sending a lawyer's letter is the most common way of self-help in Indonesia. On the basis of conducting the aforementioned investigation and obtaining certain evidence, the enterprise can send a lawyer's letter to the infringing party, requesting them to stop infringing. Even if the infringing party ignores the lawyer's letter, the foundation for entering some public relief channels is already established because the enterprise has already carried out self relief.

③ Administrative mediation: There is no formal mediation procedure, but relevant departments usually recommend that the parties engage in the mediation process in legal proceedings (privately). If there is a settlement during the private mediation process, the infringement report will usually be withdrawn after fulfilling the agreed terms and conditions.

④ Judicial litigation: Legal proceedings related to infringement can be completed through civil or criminal law. In terms of criminal law, appeals can be filed through civil investigators or police officers at the Trademark Office.

(3) How to deal with objections/invalidity

1. Conduct a comprehensive trademark investigation

2. Provide targeted negotiation opinions based on the survey results

3. When negotiating, have reason and evidence, and take the initiative appropriately

4. If the negotiation fails, it may be necessary to defend or choose to abandon the defense and reapply, depending on the situation. reapplying can change the trademark logo or avoid conflicting goods or services.

(4) Response measures for revocation of overseas trademarks

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2、 Request from the country to proactively provide evidence of use

(1) Philippines

1. What evidence needs to be provided for use

① BusinessmarkInPhilippineslawguestheadtimemakeuseofdayperiod.

InPhilippineslawguestrealInternationalmakeusebusinessmarkofbusinessproductnamecall, name, say, weigh.

salessellbusinessproductofdividesalesbusinessshopnamecall, name, say, weighanditsdetailedfinelandaddress.tofew2home

forproofbrightbusinessmarkofrealInternationalmakeusestillneedmentionsupplyfiveamarksign/eachmarkeachclassorthreeZhangmarkhaveproblemnarrate, recount, statebusinessmarkofproduceproductpackagepretendofphotopiece/eachmarkeachclass.

presstimementionsupplywithupletterrestforPhilippineslawguestofficialsquarestrongmanufacturesexwantseekNothenTranslate into EnglishviewforbusinessmarkShenpleaseselfmovewithdrawreturnupnarrate, recount, stateceaselimitdaycandelayperiodsixamoon.

2. Acceptable evidence of use for the product category

Product labels, packaging, product photos with trademarks, product displays (product catalogs), and exhibitions. But they do not provide real products.

3. Evidence of Acceptable Use of Service Trademarks:

havepointfixedclothestaskbetweenShaoofdeclarebiographyvolumenetstandmustmustbelthavebusinessmarkmarksample

(2) Mozambique

Registration for at least 5 years requires payment of a usage certificate fee. If the oath of use is not submitted within the statutory time, any third-party application for revocation of the registered trademark will receive direct official support.

(3) Puerto Rico

ifwithmeaningto, toward, at, facingmakeuseforfrommentionhand overbusinessmarkShenpleaseofneedwantInbusinessmarkShenpleasedayriseof3yearinsidementionhand overmakeuseproofaccording to.placehavenotevolumebusinessmarkneedwantInnotevolumedayriseofNo.5-6yearand9-10yeardivideDon'tmentionhand overmakeuseproofaccording to.

(4) Haiti

The Haitian Trademark Law stipulates that trademark holders must submit relevant evidence of use 5-6 years after the trademark is approved for registration. If they fail to submit an oath of use without justifiable reasons, the trademark will automatically become invalid.

(5) Argentina

An affidavit of use is required between the 5th and 6th year after registration, and a statement of use is also required for renewal. If the applicant fails to provide an affidavit of use, the trademark will be invalid.

(6) Mexico

rootaccording to2018year8moon10daylifeeffectofIPLrepairpositivecaseInthisdayperiodwithafternotevolumeofbusinessmarkmustmustInnotevolumeafterNo.3yearafterof3amoonmentionsupplymakeusesoundbright.notevolumedayperiodrise10yearofcontinueexhibitiontimementionsupplymakeusesoundbright.not yetmentionhand oversoundbrightbusinessmarkTranslate into Englishselfmoveloseeffect.

3、 The Importance of Overseas Trademark Usemeaning

Objective 1: To achieve greater stability through the use of trademark rights

Objective 2: To increase the goodwill of trademark owners through the use of

Purpose 3: The used trademark can effectively resist the trademark applied for or used by others in the future

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