It is not easy to successfully register a trademark. Not only does it take nearly a year, but you may also encounter some obstacles that hinder the successful approval of the trademark during the review and announcement process. Trademark objections are One of them. However, when encountering trademark objections, don’t be too cautious. Being opposed to a trademark does not mean that the trademark will definitely not be approved. Applicants can still respond through some appropriate methods to minimize the threat of trademark objections to trademark approval. So what does trademark objection mean? Intellectual Property has compiled some information, you can check it out if you need it.
Under what circumstances do we generally need to apply for trademark opposition? Trademark objection refers to anyone who believes that a trademark that has been initially determined by the Trademark Office to be announced is not legal and submits an opinion to the Trademark Office that it should not be registered within 3 months from the date of announcement.
Under what circumstances can a trademark opposition application be filed?
1. The trademark determined by preliminary examination violates the provisions of Article 10 of the Trademark Law and uses signs prohibited by the Trademark Law.
2. A trademark determined by preliminary examination violates the provisions of Article 28 of the Trademark Law and infringes upon the prior trademark rights of others. The trademark applied for registration is the same as someone else’s registered trademark on the same or similar goods or has been preliminary The approved trademarks are identical or similar.
3. The trademark determined by preliminary examination violates the provisions of Article 31 of the Trademark Law and infringes upon the prior rights of others.
Trademark opposition applications specifically include the following aspects:
(1) The trademark identified in the preliminary examination infringes upon a well-known trademark.
(2) The trademark determined in the preliminary examination violates the provisions of Article 15 of the Trademark Law, and the agent or representative applies to register the trademark of the client or represented person in his or her own name without authorization.
(3) The trademark identified in the preliminary examination violates the provisions of Article 16 of the Trademark Law, abuses geographical indications, and causes public confusion.
(4) The trademark identified in the preliminary examination infringes upon the design patent rights or copyrights of others.
(5) The trademark determined in the first instance infringes upon the prior special sign rights of others.
(6) The trademark identified in the preliminary examination is a trademark that has been used by others and has certain influence by unfair means.
Trademark Objection Defense Application Process
Everything has a process. The so-called handling of matters by the rules requires us to handle related matters according to a certain process. Trademark opposition defense is no exception.
1. About one month after submitting the application, the State Trademark Office issued the "Notice of Acceptance of Trademark Objection Defense";
2. About 18 months later, the Trademark Review and Adjudication Board ruled on the objection registration application , and issue a "Trademark Objection Ruling";
3. At the same time, the opposition ruling results can be found on the official website of the Trademark Office. If any of the dissenting parties is dissatisfied with the result of the dissent ruling, it may file an objection review, and if it is dissatisfied with the dissent review ruling, it may file a lawsuit with the People's Court.
The above is what intellectual property rights bring to everyone about trademark objections. Related content, in today's market economy, it is increasingly important to protect one's own intellectual property rights. In daily life, we must improve our awareness of protecting our own intellectual property rights to protect our legitimate rights and interests from infringement. Trademark opposition defense, trademark opposition materials, trademark opposition process, trademark opposition application