Preface

The malicious registration of trademarks has always been a hot topic in the cross-border community. Data shows that nearly 70% of Chinese sellers have received trademark infringement complaints in the European and American markets, especially in countries like the UK and Germany where application costs are low, certification is fast, and only formal examination is conducted.

During this period, the editor has also encountered many customers who have reported that their trademarks have been registered in these two places, and the registration dates are mostly concentrated in6month. And immediately after issuing the certificate, he complained about his link and contacted the other party, who demanded a ransom of tens of thousands of yuan.This phenomenon is like aTime bomb "makes sellers worried.

1、 Why are the UK and Germany the hardest hit areas for trademark registration?

（1） Germany

1Institutional loophole: Application prioritization‌

Different from the United States"Use to obtain"Principle adopted by the German Trademark Law"Registration obtained"System（§4 MarkenG）The priority of rights can be established solely based on the application time, without the need to submit a statement of intent to use. This system has spawned"Trademark hoarding"Grey industry,2024The German Patent and Trademark Office（DPMA）Data shows that malicious registrations account for a significant proportion of new applications17%.

2Review program defects‌

①‌Form review dominant‌Based on:§36 MarkenGThe examiner only verifies the integrity of the documents and does not actively search for similar trademarks (similar to the European Union Trademark Office)EUIPOComparison of substantive examination

②‌Abuse during the period of power vacuum‌Registration certificate issued before announcement（§41 MarkenG）The hijackers utilize3Month objection window period（§42 MarkenG）Initiate platform complaints. According to statistics from the European Trademark Association, the response time for such complaints is faster than the normal process83%.

（2） The risk amplification effect of the UK trademark system

1Side effects of accelerated registration‌

The UK Intellectual Property Office（UKIPO）Implement"fast track"Review（Form TM1Rules):

①The distinctiveness examination only excludes the provisions of the Trademark Regulations3Prohibited situations

②The average review cycle has been compressed to62One working day（2024yearUKIPOAnnual report data), faster than EU standards40%

‌2、Low cost criminal incentives‌

The fee for registering a single trademark is only170Pound sterling (equivalent to approximately RMB)1500The cost of malicious registration is insufficient to cover the cost of safeguarding rights1/20(According to)Allen & OveryCross border Rights Protection Cost Report of Law Firm

（three）Common exacerbating factors between the two countries

1、‌Regional weaknesses in trademark protection‌：Trademark rights are only valid in the country of registration, and many sellers have not laid out UK or German trademarks in advance, relying only on US or EU trademarks. Those who have been hijacked take advantage of this loophole to file cross-border complaints‌.

2、‌The rules of e-commerce platforms are being abused‌：When handling infringement complaints on the platform, only preliminary verification is conducted, and the registrant can quickly remove the product link by providing the trademark certificate, causing losses to the seller‌.

These institutional loopholes, combined with the e-commerce environment, enable hijackers to carry out commercial crackdowns and even extortion at low cost and high efficiency‌.

2、 The consequences of trademark registration being hijacked

（1） Direct economic losses: from redemption costs to implicit consumption

1The surge in redemption costs:Predators often demand transfer fees far exceeding the registration cost in a monopolistic market position (such as a mother and baby brand being forced to...)12010000 yuan repurchase of German trademark);

2Accumulation of funds for safeguarding rights:Even if legal channels are chosen, the cost of a single objection procedure is about2-5Ten thousand yuan, cross-border litigation costs can reach hundreds of thousands of yuan, and the cycle is long1-3Year;

3Business stagnation losses:A cross-border e-commerce case shows that link removal leads to monthly average300Zero sales of 10000 yuan, additional investment required during the rights protection period30%Maintain customer retention through marketing expenses.

（2） The collapse of the business ecosystem: from channel disconnection to trust crisis

1Channel collapse:e-commerce platform"Notice-delete"Under the rules, the hijacker can freeze the seller's account instantly with the trademark certificate (such as on Amazon)ASINInsufficient recovery rate after deletion40%）；

2Market failure:Industry data shows that,18The average gap period of months for safeguarding rights leads to72%Market share is being eroded by competitors;

3The dilemma of rebuilding trust:Consumer's attitude towards"Trademark infringement dispute"Decreased willingness to repurchase56%(Kaidu)2024Brand Resilience Report), requires investment3-5Annual brand repair cycle.

3、 How to deal with and prevent trademark registration?

（1） Preventive measures

Strengthen trademark monitoring: Regularly monitor trademark registration announcements in target markets (such as Germany and the UK) to detect potential registration fraud early.

Timely application for registration: Apply for trademark registration in multiple countries or regions simultaneously, establish a comprehensive protection system, and avoid being exploited by malicious entities due to delayed registration.

Layout of core markets: Priority should be given to submitting applications in countries with active sales (such as Germany). Germany adopts a formal review mechanism (only checks basic requirements, not substantive conflicts), with a lower registration threshold, but loopholes are easily exploited.

（2） Response measures

1. Response to trademark registration in Germany

（1）Objections during the announcement period: If the trademark is in the announcement period (after announcement)3Within one month, immediately report to the German Patent and Trademark Office(DPMA)To submit an objection application, evidence must be provided to prove prior rights (such as proof of use, sales data).

（2）Handling of Registered Trademarks:

Application for invalidation: For a trademark that has already been registered, submit an invalidation application in writing, stating the facts and providing evidence (such as proof of malicious registration)‌。

Urgent registration counterattack: Apply for the same trademark through expedited procedures (with a time limit of approximately)1Within a month, quickly obtain registration rights and block complaints from hijackers; The German formal review mechanism makes this method efficient.

（3）Negotiation or litigation: Simultaneously attempting to communicate and reconcile with the registration party; If it is ineffective, file a lawsuit to protect one's rights, but the cost needs to be evaluated (due to complex procedures and high expenses).

2UK trademark registration response

（1）Legal channels for safeguarding rights: protecting reputation through counterclaims or lawsuits, such as filing infringement disputes in the UK High Court, claiming market confusion or trademark distinctiveness damage; Evidence of trademark use (such as registration certificates, sales records) needs to be collected.

（2）Objection and Invalidation Procedure: Similar to Germany, filing an objection within the announcement period or applying for cancellation of a registered trademark; The UK law emphasizes the protection of goodwill and requires proof of the impropriety of the act of unauthorized registration. ‌

（three）Summary and Suggestions

1、‌Prevention is better than remedy‌：Prioritize the global layout of trademarks, especially in high-frequency registration areas such as Germany and the United Kingdom; Germany can reduce risks through expedited registration.

2、‌Professional assistance‌：Consult an intellectual property lawyer when encountering registration fraud to assess the feasibility of objections, invalidity, or litigation.

3、‌Evidence Management‌：Retain trademark usage history (such as product photos, sales data) as a core support in opposition or litigation.

By implementing the above measures, sellers can effectively avoid the risk of unauthorized registration and respond efficiently in the event of an incident