Legal subjectivity:

The difference between trademark invalidity and trademark opposition mainly lies in the different objects targeted, the time of filing and the different review agencies. Once a trademark is declared invalid, it cannot continue to be used. After a trademark is declared invalid, it is deemed to have ceased to exist from the beginning. 1. What is the main difference between trademark invalidity and trademark opposition? The main differences between trademark invalidity and trademark opposition are: 1. The objects targeted are different. The objects targeted by trademark objections are trademarks that have been preliminarily approved by the Trademark Office and have not yet been registered; the objects targeted by trademark invalidity are: The object is a registered trademark. 2. The time of filing is different. Trademark objections need to be filed within three months of the preliminary approval announcement of the trademark, and the time to file an objection is shorter; the trademark is invalid due to lack of distinctiveness, adverse effects, deception, or other unfair means to obtain registration. If an application for invalidation is filed for absolute reasons such as registration, it can be filed at any time after registration, without time limit; if an application for invalidation is filed for relative reasons such as squatting, trademark similarity, or right to name, it must be filed within five years of trademark registration. If the right holder of a well-known trademark files an application for invalidation and the other party has bad faith, the five-year time limit will not apply. 3. Trademark objections to different review agencies shall be heard by the Trademark Office of the State Intellectual Property Office; trademark invalidity shall be heard by the Trademark Review and Adjudication Committee of the State Intellectual Property Office. 2. Can the trademark be still used after it has been declared invalid? After the trademark is declared invalid, it cannot continue to be used. Judgments, rulings, and mediation documents on trademark infringement cases made and executed by the People's Court before the declaration of invalidity, decisions on handling trademark infringement cases made and executed by the industrial and commercial administration departments, and trademark transfer or license contracts that have been performed are not valid. Retroactivity. 3. Materials required for trademark opposition Materials required for trademark opposition are: 1. Trademark opposition application; 2. Clear request and factual basis, accompanied by relevant evidence materials. The objection reason letter should be signed or stamped by the opponent Official seal; 3. Copy of the preliminary approval announcement of the opposed trademark (can be downloaded from the Internet); 4. Identity certificate of the opponent. 5. Copy of the person in charge’s ID card. 6. If you entrust a trademark agency to handle trademark opposition applications, you must also submit a trademark agency power of attorney. Legal objectivity:

1. Trademark objections and trademark disputes Trademark opposition refers to the initial application for a trademark. Within three months from the date of announcement, anyone can file an objection to a trademark that has been initially approved by the Trademark Office. , if an objection is raised against a trademark that has been initially approved and announced, the Trademark Office shall listen to the facts and reasons stated by the opponent and the objected party, and make a ruling after investigation and verification. Trademark dispute refers to a registered trademark that violates Articles 10 and 10 of the Trademark Law within five years from the date of approval of registration (for cases registered in bad faith, the owner of a well-known trademark is not subject to the five-year time limit). Article 1 and Article 12, or the registration is obtained by deception or other improper means, or the trademark registrant who applied for registration earlier believes that the trademark applied for registration later by others is on the same or similar goods. The registered trademarks are identical or similar. Other units or individuals may request the Trademark Review and Adjudication Board to revoke the registered trademark. 2. The difference between trademark opposition and trademark dispute: 1. The two are essentially different: the essence of a trademark dispute is a special protection measure for the previous registrant of a registered trademark; the essence of a trademark objection is a social objection to a preliminary approved trademark, including use on the same or similar goods (or services) Objection from the owner or earlier applicant of the same or similar registered trademark. 2. The contents of the two are different: the content of the dispute is a dispute over rights; while the content of the objection is only an objection to the preliminary approved trademark. 3. The filing time is different: the dispute is filed within one year after the disputed trademark is approved for registration, that is, the trademark registration certificate is issued; while the objection is filed after the preliminary review, that is, within three months of publication in the Trademark Announcement. 4． The application subjects are different: the disputant is specific, that is, it must be the prior registrant; while the opponent is not specific and can be any agency, group, enterprise or individual, including the prior registrant. 5. Different reasons: the dispute must be raised because the disputed trademark is identical or similar to the disputed applicant's trademark on the same or similar goods (or services); in addition to the above reasons, the objection also violates the prohibition clauses stipulated in the Trademark Law or Other provisions, etc. 6. The handling agencies are different: trademark disputes are filed directly with the Trademark Review and Adjudication Board; trademark objections are filed with the Trademark Office. If you are dissatisfied with the Trademark Office's ruling, you may submit a review to the Trademark Review and Adjudication Board within fifteen days of receiving the notice. 7. There is no fee for trademark objections; trademark disputes require review fees.

8. The grounds on which they are based are different. According to the provisions of my country’s Trademark Law, there are many more grounds for filing a trademark objection than for filing a trademark dispute. Therefore, if the relevant parties believe that a trademark has been improperly registered, they should file a trademark objection as soon as possible after it is announced in the first instance. Generally speaking, the most direct difference between the two is that trademark objections are filed before the trademark is approved for registration, that is, during the three-month opposition announcement period after the preliminary examination is passed, while trademark disputes can only be filed after the trademark is approved for registration. Lift. Before the outcome of the opposition comes out, the opposed trademark is not a registered trademark, and the applicant does not have the exclusive right to register a trademark; before the outcome of the trademark dispute comes out, the disputed trademark is still a registered trademark, and the applicant enjoys the exclusive right to register a trademark.