what is an objection?

Trademark objection is a legal procedure clearly stipulated in the Trademark Law and the Regulations for the Implementation of the Trademark Law to solicit public opinions on preliminarily approved trademarks, and its purpose is to supervise the Trademark Office's fair and open trademark confirmation. Anyone who has different opinions on the preliminary examination and approval of a trademark may file an objection with the Trademark Office within 3 months from the date of the announcement of the preliminary examination and approval. Any prior obligee or interested party, trademark registrant, non-trademark registrant, enterprise, institution, individual, legal person or non-legal person may file a trademark objection.

what should I do if I am opposed?

after accepting an application for trademark objection, the Trademark Office will send a copy of the objection's "Application for Trademark Objection" and the objection reasons and evidence materials to the objecting party or the objecting party's agency, and limit the objecting party to reply within 3 days from the date of receipt. If the objecting party fails to make a written reply within the specified time limit, it will be deemed as giving up the right of reply. Therefore, when receiving the notice of objection defense, the applicant needs to keep calm, even if the objection defense is done well, and work hard with the agency to make the defense successful. In the objection file, we can see which person or enterprise raised the objection to the trademark. When encountering the objection raised by a well-known brand, the applicant does not need to panic. According to the reasons for the objection, we can analyze and break it one by one. How to crack it mainly starts from the following aspects:

? 1. The objected trademark and the cited trademark do not constitute approximation

The objected trademark has passed the preliminary examination of the State Trademark Office, indicating that the trademark conforms to the provisions of the Trademark Law to a certain extent. For example, there are great differences between the trademarks of both parties in terms of text composition, calling and overall appearance, and it is not an approximate trademark.

2. The industry of the objected trademark and the cited trademark is different

Well-known brands object to other people's trademarks, and many cases are inconsistent with their respective industries. There are obvious differences in service contents and methods between the designated use service of the objected trademark and the approved use service of the trademark cited by the objector, and they are not similar services. The service is different, or the products used are different, and the consumers or service objects are obviously different, so the objected trademark has nothing to do with the cited trademark.

3. The objector lied that the objector imitated and copied other people's trademarks.

When an individual objector objected to other people's trademarks, the agency of the objector used some rhetoric, such as the objector claimed that the objector violated the principle of good faith, imitated its well-known trademarks and registered and used the objected trademarks, which easily caused confusion and misunderstanding among relevant consumers and adverse social impact. However, the evidence provided by the dissenter is often insufficient or false, and the dissenter should not be deceived by this statement.

4. Is the objector a malicious objection

Some dissidents are malicious objections, that is, they use trademark objection procedures to prevent others from registering their trademarks in time for improper purposes. As we all know, once the trademark of the first trial is objected by others, it will take at least 1 months to extend the blank period of trademark protection. In view of this situation, the objector should take up legal weapons to protect himself.

5. Provide some evidential materials about the trademark

such as the design concept of the applied trademark; Meaning; Development course; Franchise stores; Any place where trademarks are used, such as company signs and franchisees' doors; Sales invoice and tax declaration certificate; Advertising contract, leaflet manual; Company promotion or other promotional materials, etc.

6. Professional teams do professional things

The most important point is that objection defense needs a professional team to do it. A professional and experienced agency will arrange a special person to write the case and do a good job in the objection defense procedure. The agency refutes the reasons for objection through defense and provides corresponding evidence materials, so as to allow the trademark it applied for to be registered as much as possible. Trademark objection is only a supplement to the substantive examination work of the Trademark Office, but it does not mean that the substantive examination work of the State Trademark Office is all wrong, and the law is fair and just. Therefore, enterprises should take up legal weapons and safeguard their legitimate rights and interests. The completion of these tasks naturally requires a professional agency!