It is an effective measure to prevent others from successfully registering "similar trademarks" by maintaining the uniqueness of their own trademarks, enhancing the function of distinguishing sources of trademarks and raising objections. So how to decide which "similar trademarks" can be questioned? Operation method

1 Trademark approximation: Compared with the two trademarks, the characters are similar in font, pronunciation and meaning.

Trademark objection: refers to the public's objection to a trademark that has been preliminarily approved and announced to the Trademark Office within the statutory time limit, that is, after the expiration of the prescribed three-month objection period, the Trademark Office is required not to approve the trademark registration.

2 Reasons for raising objection

Legal level:

① Violation of Article 1 of China's Trademark Law: use of marks prohibited by the Trademark Law.

② Violating Article 28 of China's Trademark Law: infringing upon the prior trademark rights of others, and the trademark applied for registration is the same as or similar to the registered trademark of others on the same or similar goods or the trademark preliminarily approved.

③ violation of article 31 of China's trademark law: infringement of the prior rights of others.

Specific matters:

① Applying for a trademark infringes the trademark right of a well-known trademark.

② The trademark applied for violates Article 15 of the Trademark Law: the agent or representative applies for registration of the trademark of the assignee or representative in his own name without authorization.

③ Applying for a trademark violates Article 16 of the Trademark Law: abusing geographical indications and causing confusion to the public.

④ applying for a trademark infringes the patent right or copyright of another person's design.

⑤ The applied trademark is a trademark that has been used by others and has a certain influence by improper means.

3 objection process

(1) entrust a trademark agency to handle it.

① signing: sign the power of attorney for trademark agency.

② prepare objection documents: including filling in the objection application form, writing the objection reasons and factual basis, and attaching relevant evidence.

(3) submission: the trademark agency submits an objection application to the trademark office on behalf of the objector.

④ materials: attach the identity certificate of the objector (such as business license and ID card). ).

(2) Go directly to the trademark registration hall.

① prepare the objection application: including the objection application, objection reasons and factual basis, and attach relevant evidence.

② submit the application documents in the trademark registration hall.

③ enter the received barcode in the code window.

④ pay the objection fee in the payment window.

4 The function of trademark objection:

(1) Protecting the interests of the prior registrant of the trademark.

② protect the right of prior application of trademark examiners.

(3) obtaining the exclusive right to use a trademark that should not be obtained.