First of all, we should know that there will be no objection in the process of trademark transfer. Objections can only be raised within 3 months during the announcement period, and cannot be raised after the announcement period. Unless the trademark is transferred within the announcement period. So what causes the trademark to be opposed? For the following two reasons, most business owners need to participate in the trademark objection procedure:
1. Because their trademark applications are opposed by existing, registered or previously submitted trademarks;
2. Because they object to other people's trademark application, because it infringes their previously registered trademark.
The publication of a trademark application is to give a third party an opportunity to oppose the registration of a trademark for some reason, which is usually because the third party owns a similar trademark that is confused with the trademark registrant. There are other reasons for opposing trademarks, including: ① lack of unique quality; ② Deception and fraud; ③ Unintentional use of trademarks
Although the trademark objection procedure varies from jurisdiction to jurisdiction, it is usually conducted in a way similar to traditional litigation, only administratively. Trademark objection procedure usually involves the following stages:
① Application stage _ At this stage, the objector formally raises an objection to the Trademark Office and begins a settlement discussion.
② discovery stage _ the stage when both parties exchange documents, make statements and ask questions.
③ Testimony stage _ During this period, all parties have the opportunity to present the case as in court, only in the lawyer's office.
④ Briefing stage _ The facts obtained by the parties in the evidence collection stage are applicable to the law and explain to the Trademark Office why they won the case.
however, most trademark objections are resolved long before the discovery process really begins.
The purpose of trademark objection procedure is to strengthen public supervision over trademark examination, reduce errors in examination, enhance trademark awareness, give registered trademark owners and other interested parties the opportunity to protect their rights and interests, and prevent conflicts of rights. Objections can be interested parties such as the owner of a registered trademark, the applicant for trademark registration, or other citizens or legal persons. If in doubt, please feel free to consult.