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Different ways of cybersquatting
Sep 2018
Different ways of cybersquatting in trademarks are headaches to many companies who wants to develop their own brands. So, it is important to take steps to prevent these situations. Some common ways of cybersquatting are explained as follows.
  • First, occupational cybersquatting. The squatters, in the names of individuals or companies, register thousands of trademarks in a commercialized and systematic way. They either sell the trademarks with huge amount of transfer fee or get compensation by suing the owners in infringement of their trademarks, thus gaining huge profits
  • Second, quick registration. As the basic information of new enterprises can be easily accessed on the internet, the squatters strive to file trademark application earlier than the owners. One mere day in advance can prevent later applications of the same trademark. On the very day of 15 July, 2018, 58 applications for the registration for the name of “Mbabe” as a trademark have been filed to the Trademark Office.
  • Third, repeated cybersquatting. If the right holder of the trademark files an objection to the cybersquatting trademark in accordance with the law, or invalidate the application, the squatters can just answer it casually, or simply do not answer. So they do not have to pay for the attorney on a lawsuit that will not win. The squatters will just continue to apply for the trademarks since it only costs $300 with easy steps.
  • Fourth, cybersquatting in disguise. The squatters can file a variety of split, deformation, and anchoring of the same trademarks, so that the examiner cannot find out the similarity of trademarks in the initial review.
The Trademark Law prohibits application for trademark registration that prejudice existing prior rights of others and registering in bad faith the trademarks that have been used and have certain influence. However, if a company wants to register its trademarks, it should start as soon as possible, and, at the same time, continue to apply for trademark registrations according to its own development plans before the trademarks are taken by the squatters.

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BKIP Limited

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