Trademark is an important area of ??intellectual property and plays an important role in the current market economy. Generally, registered trademarks must undergo preliminary review by the Administration for Industry and Commerce before they appear in the public for publicity. The publicity period is three months. Anyone can object to this trademark. So what are the reasons for trademark objections? ?
What are the grounds for trademark opposition?
Trademark objection refers to anyone who believes that a trademark that has been initially determined and announced by the Trademark Office is not legal and submits an opinion to the Trademark Office that it should not be registered within 3 months from the date of announcement. Trademark opposition is clearly stipulated in the Trademark Law and its implementation rules. It is a legal procedure for publicly soliciting public opinions on a preliminary trademark review. Its purpose is to conduct trademark rights confirmation fairly and openly and improve the quality of trademark registration review.
The scope of trademark objections is very wide, including that the initially approved trademark is identical or similar to the previously applied trademark, or that the initially approved trademark violates the prohibited provisions of the Trademark Law or the trademark is not distinctive. nature, and also includes applicants not having the qualifications to apply.
Anyone can file a trademark objection, that is, it can be a trademark registrant or a non-trademark registrant, it can be an enterprise, an institution, or an individual, or it can be a legal person, It can also be an unincorporated person.
What are the precautions when writing a trademark opposition application?
1. A trademark opposition application can only object to a trademark with a trademark registration application number. Each opposition application must Documents should be submitted in duplicate.
2. The objection application should be typed or printed. Other documents should be written neatly and clearly, filled in with a pen or signature pen, or printed with a typewriter. Relevant evidence should be cataloged and have corresponding page numbers.
3. The opposed trademark and its preliminary approval number category, as well as the name and address of the opposed party (subject to the trademark applicant on the "Trademark Announcement") must be filled in clearly; the opposed trademark is a registered trademark. If an agency applies for registration, it must also fill in the name of the trademark agency.
4. The name and contact information of the opponent who raises the objection must be filled in clearly, and the same seal as the name of the opponent must be affixed to the applicant’s stamp position (if the opponent is a natural person, he must sign or seal ).
Article 30 of the "Trademark Law" stipulates: "With respect to a trademark that has been initially reviewed and approved, within three months from the date of announcement, anyone may raise an objection." Applications for registered trademarks that pass the preliminary review by the Trademark Office will be Make an announcement. Only after the three-month trademark opposition period after the announcement is successfully passed or the opposition is not established can the review and approval process be completed and registration be obtained. If you want to know more about the reasons for trademark opposition, please come to Intellectual Property for consultation! Trademark opposition success rate Trademark opposition process Trademark opposition application