几天前收到一封英文邮件，当时看是家中国公司的，就没有太在意。
今天闲来无事就又看了一下，原来他以为我是个“kaku”有关的米国企业，要我注册商标，说跟“kaku”这个商标相关的英文内容。
From: Beijing Qinyehang Intellectual Property Co., Ltd.
Date: July 5th, 2007
Subject:Dear sir/madam:
In recent preliminary published trademark of Chinese Trademark Gazette, our company has monitored the trademark KAKU (the application is a company in China )in the application of No 4263544in Class20 And the trademark is almost similar to the brand of your company.
What we have monitored in China is that the form of the trademark is KAKU，which is same to the well-known mark of your company. The use range of the trademark and the function of the main goods are similar to your company.
The mark is probably a reproduction, an imitation, a translation of your company or a registration of prior rights without a good faith. With the use and registrant of the key word KAKU, while the customer pay attention to the mark, they will also associate that with the well-known mark of your company, and it will lead consumers got an association or confusion from yours. This may lead the customer to a wrong thought that the applicant may has some commercial with you, which could help that applicant gain profit by your well-known reputation in this unfaithful way.
With the heavy population and a high economic developing in the world, China owns an enormous market which can attracted any corporations. If the mark is really a reproduction, an imitation, or a registration of prior rights, we think it will be a hidden trouble to your further development in China:
First of all, the trademark registration is granted, if your company wants to open your market in China, it will face the awkward condition of infringing act, for that registration of trademark “KAKU” has already approved to registered. According to solve the problem, and help your company to gain the exclusive right to use registered trademarks, the only method is to pay for the high assignment charge to them. And we don’t think it is an advisable way to you.
Second, if the prior register gains the Certificate of Trademark Registration and put record on Costume house, when the goods of your company want to be exported to China, they will be considered as tort product, and detained by Costume house and you has to pay fine.
Third, if your company wants to entrust machining herein China, it still will be indicted, for the prior register has the exclusive right to use the registered trademark in China, so even the manufacturing by foreign enterprises who has ownership in your own country is still shall be indicted in infringement.
Since the application was just passed the first examination by China Trademark Office and published, it still not got final approved. The deadline of this opposition is 2007-09-20 . According to China Trademark Law, you could file an opposition to China Trademark Office within three months to cancel their registration, and it’s the best way to protect your legal right and avoiding the reputation damage by other party.
Above all, we suggested you to file this opposition against the application to protect your own legal right here in China.
We are an intellectual property agency approved by China Trademark Office and have a wealth of experts in all areas of intellectual property laws and experience in the filing, prosecution, licensing, franchising, administrative enforcement and judicial protection of patents, trademarks and copyrights. We are willing to provide the best service for you.
If you have any questions about the information of the above trademark, or any other issues about intellectual property in China, please don’t hesitate to contact us.
Best regards,
Beijing Qinyehang Intellectual Property Co., Ltd
Jin suyun
TEL：+86-10-68059969
FAX：+86-10-68055814
Email: service@qyh.com.cn
Web: www.qyh.com.cn
也许kaku这个关键字的确很有商业价值的，就去他那个网站上看了一下。
公司叫做北京勤业行知识产权代理有限公司，是专门搞知识产权的。地址在北京市西城区月坛北小街 4 号月坛宾馆 1205-1208 室。
其实我更关心他们需不需要一个实习生，就会了一封，期待有个结果。
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