In 2008, the movie "If You Are the One" directed by Feng Xiaogang and produced by Huayi Brothers became a hit during the Lunar New Year, making the four words "If You Are the One" popular as a vocabulary with a specific meaning. In February 2009, Jin Ahuan, a young man from Wenzhou, applied for the registration of the "If You Are the One" trademark to the National Trademark Office. In September of the following year, it was reviewed by the Trademark Office and the scope of approval was Category 45 (making friends, marriage introduction, etc.). Later, Jiangsu Satellite TV was authorized by Huayi Brothers to launch a dating program under the name "If You Are the One", which premiered in January 2010 and later became a household name TV program.
Everyone knows the final result: "If You Are the One" lost the lawsuit and was temporarily renamed "Yuanlai If You Are the One" and aired in the original time slot on Saturday. This is the issue regarding trademark infringement objections. If a trademark is infringed, how to apply for opposition?
What are the ways to handle trademark infringement objection applications? Entrust a trademark agency registered with the Trademark Office to handle the application; the opponent can handle it by himself. There are two ways for the opponent to handle the trademark opposition application: go directly to the trademark registration hall of the Trademark Office; apply by mailing documents, or by registered mail through the post office. Send by express delivery or other express delivery methods.
With the development of the socialist market economy and the enhancement of trademark awareness in the whole society, trademark infringement disputes have become increasingly complex. During the investigation and handling of trademark cases, situations involving objections, disputes and other procedures occur from time to time. Some The local industrial and commercial administration authorities have also asked our bureau for instructions on the handling of such cases. In order to effectively prevent trademark infringement, effectively protect the legitimate rights and interests of trademark registrants, and handle and resolve trademark disputes in a timely manner, we hereby provide the following opinions on the handling of such cases:
1. The trademark used by the respondent has been reported to us If the Trademark Office of the State Administration of Industry and Commerce has filed an application for registration but has not yet been approved for registration (including during the opposition period), if the industrial and commercial administrative authorities believe that the trademark is similar to the complainant's registered trademark and constitutes infringement, they have the right to file a case for investigation and punishment.
2. During the course of investigation, if the respondent applies to the Trademark Review and Adjudication Board for a ruling to cancel the complainant’s registered trademark on the grounds of improper registration, the industrial and commercial administration agency may suspend the processing, but the respondent shall provide corresponding information. financial guarantee.
3. If the complainant raises a dispute over the registered trademark of the respondent and at the same time requests the industrial and commercial administration authorities to investigate and deal with trademark infringement, the industrial and commercial administrative authorities will not file the case.
If you have other questions, you can consult Intellectual Property for more details. Trademark opposition time Trademark opposition response Trademark infringement