Share on LinkedInShare on LinkedIn

ARTICLE · 03 APRIL 2023

Defensive Trademarks: Intellectual Property As A Shield

Filing defensive trademark is a common strategy used by trademark owners to prevent trademark infringement and trademark squatting. There is no unified definition for defensive trademarks

ChinaIntellectual Property

Introduction

Filing defensive trademark is a common strategy used by trademark owners to prevent trademark infringement and trademark squatting. There is no unified definition for defensive trademarks, but there is one neat definition which could deliver their core value-Trademarks, which has been registered for the purpose of creating a "defensive" perimeter around the mark actually used by the proprietor,1 that is, a shield.

A typical defensive trademark application is usually filed identical with the mark actually used by the owner, but in relation to goods and services unrelated to the major trade of the owner. For example, while subclass 4506 for "legal services" indicates a law firm's core field of business, if our law firm filed for "MINGDUN" mark in subclass 3501 for "advertisements", that doesn't necessarily mean that we were diving into the business of advertisements but might just imply that we would like to place a defensive mark in subclass 3501 so

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

See more popular content from