Some people think: Now that the Trademark Office has announced it, what's the use of my objection?
It is precisely because of the announcement of the Trademark Office that it is necessary to raise a trademark objection. If there is no announcement, it is impossible to raise trademark objections. The Trademark Office announces only because you are not registered in this category or group in the trademark system. If there is no duplication, an announcement will be issued. Objection doesn't mean you can't succeed. Whether you can successfully raise an objection depends mainly on the purpose of your trademark.
What is the success rate of trademark objection?
1. If we don't look at the trademark and evidence, we can't be completely sure. However, if the two types of goods or services are very close and the trademarks are identical, even in the same area, what's more, many well-known trademarks are registered by dissidents, and the trademark recognition of dissidents is also very high. Combining various factors, the trademark objection will be established.
2. Trademark objection examination is a written examination, so evidence is the key to success. If the parties insist on asking the success rate, they can only say that the overall success rate of trademark objection is less than 50%. But this data is not enough to evaluate the success of a specific objection case. Because the specific circumstances of any trademark objection case are very different, the use of trademarks is different.
3. The review of trademark objections is for the purpose of case identification. Where: 1. Whether the applicant has a high reputation. 2. Whether the applicant is a well-known firm. 3. Does the applicant have other prior rights (including copyright and patent rights) that are helpful to the success of trademark objection? 4. Whether the goods or services of the trademark are enough to cause misidentification. 5. Opponents are indeed malicious cybersquatting. 6. Evidence of business dealings and agency affairs between trademark owners, etc. Will play a role in trademark objection cases.
Since the success rate of trademark objection is not high, why should I raise an objection?
On the one hand, we should consider its success rate, on the other hand, it is also a manifestation of trademark protection. If you ignore the industries registered by others, it will be difficult for trademarks to be protected over time. For example, the most popular trademarks, such as Mailisu, Goubuli Steamed Bun, Jiujiu Duck, Jiujiu Peanut and Jeep, have become common names due to poor protection, and it is difficult for enterprises to protect trademarks again.
In fact, the four dimensions of a trademark, namely, the scope of use → the scope of development → the scope of protection → the scope of prohibition, should be protected by pre-registration, which is a more sound way of trademark protection. For more questions about the success rate of trademark objection, please go to the intellectual property consultation!