Different concepts:
Trademark disputes refer to disputes over registered trademarks, that is, disputes over trademark rights between two registered trademark owners because the two trademarks are identical or similar. . Trademark objection means that the prior rights holder and interested parties believe that the trademark that has been initially determined and announced by the Trademark Office is not legal, and they submit opinions to the Trademark Office that the trademark should not be registered within 3 months from the date of announcement. Simply put, trademark disputes occur when a trademark is used. Trademark opposition occurs when a trademark is applied for.
?Characteristics Characteristics of trademark objections: 1. Rights protection objection, which considers that the preliminary approved trademark is the same as or similar to the trademark that was registered or applied for first; 2. Social objection, which believes that the preliminary approved trademark is the same as or similar to the trademark that was previously registered or applied for Violate the prohibited clauses or other provisions of the Trademark Law.
Characteristics of trademark disputes: 1. The applicant must be the registrant of the previously registered trademark; 2. The time for filing the dispute is within five years after the disputed trademark is approved for registration; 3. There are two disputed registrations The scope of approved use of the trademark must involve the same kind of goods (or services) or similar goods (or services); 4. The approved words, graphics or combinations of the two registered trademarks in dispute are likely to be the same or similar; 5. The disputed trademark had not been opposed on the same grounds before its registration was approved, nor had it been adjudicated.
? Essentially different: The essence of a trademark dispute is a special protection measure for the previous registrant of a registered trademark; the essence of a trademark objection is a social objection to a preliminary approved trademark, including on the same or similar goods. Objection from the owner or earlier applicant who uses the same or similar registered trademark on (or service).
The content is different: The content of the dispute is a dispute over rights; while the content of the objection is only an objection to the preliminary approved trademark.
The time is different: the dispute is filed within one year after the disputed trademark is approved for registration, that is, the trademark registration certificate is issued; and the objection is filed after the preliminary review, that is, within three months of publication in the "Trademark Announcement" .
? The application subject is different:
The disputer is specific, that is, it must be the previous registrant; while the opponent is not specific and can be any agency, group, enterprise or individual , including prior registrants.
? Different reasons: The dispute must be raised because the disputed trademark is identical or similar to the disputed applicant's trademark on the same or similar goods (or services); in addition to the above reasons, the objection must also violate the " Prohibited clauses or other provisions stipulated in the Trademark Law, etc.
The handling agencies are different: Trademark disputes are filed directly with the Trademark Review and Adjudication Board; trademark objections are filed with the Trademark Office. If you are dissatisfied with the Trademark Office's ruling, you may submit a review to the Trademark Review and Adjudication Board within fifteen days of receiving the notice.
The fees to be paid are different: There is no fee to pay for trademark objections. However, review fees are required for product disputes.