Trademark opposition - when a trademark is initially applied for, anyone can file an objection to a trademark that has been initially approved and announced by the Trademark Office within three months from the date of announcement. If an objection is filed against a trademark, 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 the " Article 10, Article 11, and Article 12 of the Trademark Law, or the registration was obtained by deception or other unfair means, or the trademark registrant who applied for registration earlier believes that another person applied for registration later. Is identical or similar to its registered trademark on the same or similar goods. Other units or individuals may request the Trademark Review and Adjudication Board to rule on canceling the registered trademark.
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 that 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.