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 (3 months), that is, the Trademark Office is required not to approve the registration of the trademark after the expiration of the prescribed 3-month objection period.
1. What are the reasons for the objection to the trademark?
There are many reasons why trademarks are objected, such as being regarded by others as preempting well-known brands, imitating and clinging to other people's well-known trademarks, constituting a prior obstacle for others to apply for trademarks, and damaging other people's prior rights.
2. The trademark has been approved by the Trademark Office and passed the preliminary examination. Is it legal for the trademark to be objected?
article 33 of the trademark law stipulates that: within three months from the date of announcement, if the prior obligee or interested party thinks that the second and third paragraphs of article 13, article 15, article 16, paragraph 1, article 3, article 31 and article 32 of this law are in violation, or if anyone thinks that the trademark is in violation of article 1, article 11 and article 12 of this law, they may file a complaint with the trademark office. If there is no objection at the expiration of the announcement period, the registration shall be approved, a trademark registration certificate shall be issued and an announcement shall be made.
3. If the trademark is objected, is it illegal?
The answer is:No. First of all, according to the provisions of the Trademark Law, it is the prior obligee, interested party, etc. of the trademark who filed the objection, which is the behavior of a third party. Whether it is legal or not requires the Trademark Office to judge whether the trademark should be approved and registered according to the facts and reasons provided by both parties.
4. What should I do if the trademark is objected?
if a trademark is objected, we must actively respond, make a defense, state facts and reasons, and prove the legitimacy of the trademark, which can be proved by some evidence of legal use and provide the basis for brand creation; It is best to entrust an agency! Because it involves more legal factors and defense skills. Remember not to let it go, or not to reply within the prescribed time limit; Any trademark office that fails to make a reply within the specified time shall be deemed to have waived its right of reply. When the Trademark Office tried the objected trademark, it didn't state the facts and reasons of the objected, which undoubtedly increased the risk that the objected trademark would not be registered.
most importantly, the trademark objection defense needs a professional team to do. 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. For more information about what to do if the trademark is objected, please go to for consultation! Trademark objection materials trademark objection application