IP News

【TM】The Importance of Trademarks in Business Warfare - DeepSeek's U.S. Application Struggles 2025/01/29

Reference: https://techcrunch.com/2025/01/29/deepseek-might-have-a-trademark-problem-in-the-u-s/

🔷 “DeepSeek” - Who Came First? Who Came Later?
In January 2025, DeepSeek submitted a trademark application to the U.S. Patent and Trademark Office (USPTO), but prior to that, a company named Delson Group Inc. had already filed to trademark “DeepSeek” in the U.S. that month, claiming to have used the mark since 2020 to sell AI products under the “DeepSeek” brand.

According to U.S. trademark law, the first user of a trademark is considered its legal owner (First-to-Use Rule), unless it can be proven that the trademark was registered in bad faith. Therefore, if Delson Group Inc. indeed used “DeepSeek” as a trademark before DeepSeek applied for registration, DeepSeek must prove that Delson Group Inc. registered the mark in bad faith.

🔷 Important Warnings:
1. The Importance of Trademark Applications:
Delaying an application may result in the trademark being registered by others. A trademark is not only a distinctive sign but also a symbol of brand value. Applying for a trademark is a way to protect your brand assets.

2. Monitoring Trademark Use:
If there are any infringements of your trademark in the market, you should discuss with professionals and take legal action promptly to protect your rights.

3. Legal Consultation:
Seek professional legal advice to ensure that the trademark application process complies with local legal requirements, effectively countering potential threats.

🔷 Conclusion:
In a highly competitive market, the protection of trademark rights becomes particularly important, and timely application for trademark rights is also a key factor for business operations. Do not underestimate the power of trademark rights; take timely action to ensure your brand is not harmed by the improper actions of others.

If you have questions regarding trademark applications or IP rights protection, please feel free to contact our professional team, and we will be happy to assist you!

Lewis & Davis Patent Attorneys Office
Lewis HO President / Patent Attorney
Phone: (02) 25175955
Email: wtoip@lewisdavis.com.tw
Line ID: 0939513970; or 0939816180