The time limit for domestic trademark objection is to file an objection request within 3 months from the date of the announcement of the preliminary examination of the trademark; In Australia, the objection period stipulates not only a three-month objection period, but also a grace period. During the opposition period, if the objector thinks that the objector is an employee, agent or force majeure of the objector, or if the objector and the objector try to solve the problem through consultation, the objector may ask the registrar for a grace period. And based on one of the first three reasons, you can ask for an extension after the objection period, which is not limited by applying for an extension within the three-month objection period. In other words, a person can apply to the Registrar for objection at any time based on the relationship between the objector and his employees and agents.

Second, the reasons for opposition are different.

Domestic objections can be filed with the State Trademark Office on the grounds that they constitute similar trademarks on the same or similar goods or services, maliciously rob others to use the prior trademarks, violate the provisions of Articles 10 and 11 of the Trademark Law and well-known trademarks. Australia's objections are broader than China's. According to the provisions of the second division of Part V of the Australian Trademark Law, the reasons for objection mainly include:

(1) filed an objection application based on the rejection reason in Part II of Part IV of the Australian Trademark Law. Reasons for rejection include: the trademark constitutes a deceptive approximation and contains certain marks (usually referring to national names, landmark buildings or emblems of international organizations, etc.). ), trademarks that cannot be expressed in written form, trademarks that cannot distinguish the applicant's goods or services, bad trademarks, or trademarks that violate the law and may cause deception or confusion.

(2) The trademark applicant is not the owner, that is, the trademark applicant is not the owner.

(3) The applicant has no intention to use the trademark.

Objections to trademark registration may be made because the trademark applicant has no intention to do the following things in the goods or services applied for:

Use or license the trademark in Australia;

Transfer the trademark to a group so that the group can use the trademark in Australia.

Definition of deceptive approximation: if a trademark is very similar to another trademark, which may cause deception or confusion, the trademark is deceptive approximation to another trademark.

(four) the trademark contains false names.

(5) The trademark is similar to another trademark that has gained a reputation in Australia.

(6) applying for fraudulent trademark registration or raising objections for one of the following reasons: A. the application or the modification of the certification documents for the application violates the provisions of this Law; B the evidence or statement on which the registrar accepts the application for registration is substantially false.

China generally requires trademarks to be exaggerated and deceptive, while Australia only requires deception, not exaggeration.

Third, there are different ways to review objections.

In our country, the trademark objection application is usually filed by the objector and submitted with relevant evidence materials, and then the Trademark Office informs the objector to reply. After the objector pleads, the Trademark Office conducts a written examination and directly makes a ruling on whether the objection is established. Article 54 of the Australian Trademark Law stipulates that "the registrar must give the dissenter and the applicant the opportunity to hear", which means that the Australian registrar must fully listen to the opinions of the dissenter and the trademark applicant (that is, the dissenter) and give them the right to hear.

Four, the relief procedures of the award are different.

China's Trademark Law stipulates that after the Trademark Office makes a ruling on trademark objection, the parties may apply to the Trademark Review and Adjudication Board for a ruling within 15 days from the date of receiving the ruling. If they are dissatisfied with the ruling of the Trademark Review and Adjudication Board, they can only bring a lawsuit to the people's court. Australian trademark law stipulates that "the applicant or the dissenter can appeal to the federal court according to Article 33", which means that after the ruling made by the registration bureau, the dissenter can directly appeal to the federal court, which is less than the relief procedure of the dissent ruling in China.

Five, the right to raise objections is different.

China does not stipulate whether the right to apply for trademark opposition can be transferred; The Australian Trademark Law stipulates that an objector can transfer the right of trademark objection (that is, raise an objection in the name of the person who has not raised an objection), and only needs to notify the Registrar in writing that the right or interest of objection has been transferred to another person, and the objection has not been withdrawn.

Shiyu New Town provides intellectual property rights, hoping to help you.