Hello, the original poster, the following is the information on trademark management cases.

Trademark management cases: raised by the Trademark Office of the State Administration for Industry and Commerce

Both dispute and opposition procedures can be handled directly by the State Administration for Industry and Commerce without going through the local industrial and commercial bureau. During the acceptance process, the other party also has the right to make representations.

1. Pass the identification of trademark opposition cases

Article 4, Paragraph 1, of the new regulations: “Where the party believes that another person’s trademark that has been preliminarily reviewed and announced violates the provisions of Article 13 of the Trademark Law , you can file an objection with the Trademark Office in accordance with the provisions of the Trademark Law and its Implementing Regulations, and submit relevant materials proving that the trademark is well-known. ”

Trademark opposition is within the announcement period after the trademark has been initially reviewed and has not yet been announced. Before being registered, the party concerned believed that his trademark violated the provisions of the Trademark Law and submitted an objection to the Trademark Office that the trademark should not be registered. Anyone can give this opinion.

The scope of protection of a well-known trademark is much wider than that of a general registered trademark. Some people can consider themselves to be well-known trademarks and expand the scope of protection of their trademarks. Then they can use the name of the well-known trademark holder to If you file an objection, the Trademark Office will review whether it meets the standards of a well-known trademark based on certain standards. The Trademark Office can determine that you are a well-known trademark.

2. Adopt the determination of trademark dispute cases

Article 4, paragraph 2, of the new regulations: “If the party believes that another person’s registered trademark violates the provisions of Article 13 of the Trademark Law, he may In accordance with the provisions of the Trademark Law and its Implementing Regulations, request the Trademark Review and Adjudication Board to cancel the registered trademark and submit relevant materials proving that the trademark is well-known."

Trademark disputes and objections are different, and registration is not obtained. Objections raised against a trademark are objections, and objections raised against a registered trademark are disputes. Disputes and objections have a time limit.

The reasons for applying for well-known trademark recognition in trademark disputes and trademark objections are the same.

3. Identification in trademark management cases

Article 5 of the new regulations: “In the course of trademark management, the party concerned believes that the trademark used by others falls within the scope of Article 13 of the Trademark Law. In certain circumstances, those who request protection of their well-known trademarks may submit a written request for prohibition of use to the industrial and commercial administration department at or above the city (prefecture, state) level where the case occurs, and submit relevant materials proving that their trademark is well-known. At the same time, a copy shall be submitted to the province where the trademark is located. Level industrial and commercial administrative departments. ”

Trademark management is mainly reflected in the administrative management of trademark infringement. There are many forms of trademark infringement, some are blatant, that is, directly using the trademarks of famous brands, which constitutes infringement, etc., and some are skirting around, imitating famous brand trademarks, and intentionally confusing consumers. Whether this behavior constitutes infringement requires a detailed analysis. . If it is a well-known trademark, then its scope of protection is much wider. If it does not constitute infringement of an ordinary trademark, it may constitute infringement of a well-known trademark, so whether it is a well-known trademark is very important. Now with this approach, you can claim that you are a well-known trademark during the investigation and handling of the case.