The purpose of establishing trademark opposition procedures is to supervise trademark review and protect the interests of prior trademark registrants. However, there will still be some negative effects in actual application, the most obvious one being malicious trademark objections. Intellectual Property Rights will tell you about the types of malicious trademark objections and the reasons for their existence?

1. Types of malicious trademark objections

1. Using the opposition procedure to blackmail the other party

2. Using the opposition procedure as a means to attack competitors

2. Reasons for the existence of malicious trademark objections

1. The opposition system and review procedures are too complex: the objection and subsequent defense procedures and time will cause the applicant to face publicity and use applications for a long time Trademark inconvenience.

2. There is no penalty system for compensation: there are no additional financial burdens and penalties for malicious opponents.

3. There are no requirements for the qualifications and restrictions of opponents: anyone can raise objections for any reason.

4. The threshold for filing objections is too low: For trademark objections, as long as you pay a trademark opposition fee of more than 1,000 yuan, you can raise objections when the trademark is first announced.

Trademark opposition is a dispute caused by a trademark registration that violates the prohibitive regulations required by law for a registered trademark, or by the registration applicant using deceptive means or other unfair means to obtain registration. What are the reasons for trademark opposition and how to write them? The so-called violation of prohibitive regulations on trademark registration mainly refers to the fact that the trademark pattern is not distinctive, violates public order, good customs or good morals, etc. For the second category of trademark disputes, my country’s Trademark Law does not stipulate a time limit for filing trademark disputes. This means that there is no time limit for this type of trademark dispute, and trademark objections can be filed at any time.

3. Application and Handling Process for Trademark Disputes

1. Authorize a trademark agency to apply for handling

①Sign a letter of appointment as a trademark agent and attach objections The person’s identity document (such as business license, ID card, etc.);

② Prepare objection documents in advance: including filling in the objection application report, drafting the reasons for the objection and objective factual basis, and attaching relevant evidence;

③The trademark agency shall submit an opposition application report to the Trademark Office on behalf of the opponent.

2. Apply immediately to the Trademark Registration Service Office

① Prepare an opposition application report in advance: including the opposition application report, reasons for the opposition and objective factual basis, and attach relevant direct evidence;

②Submit the application report at the Trademark Registration Service Department;

③Enter the barcode in the coding software dialog box;

④Send the objection in the payment dialog box Official fees.

The above are the types of malicious trademark objections and what are the reasons for their existence? related content. If you are still unclear about anything, please feel free to consult intellectual property rights, and professional intellectual property consultants will answer your questions. Trademark opposition success rate Trademark opposition process Trademark opposition application