Trademark dispute-refers to a registered trademark that violates the provisions of Articles 10, 11 and 12 of the Trademark Law within five years from the date of approval of registration (the owner of a well-known trademark is not subject to the five-year limit if it is registered maliciously), or has been registered by deception or other improper means, or the trademark registrant who applied for registration earlier thinks that the trademark applied for by others is the same as or similar to the registered trademark of the same or similar goods. Other units or individuals may request the Trademark Review and Adjudication Board to make an order to cancel the registered trademark.
The difference between trademark objection and trademark dispute;
1. There are essential differences between them: the essence of trademark disputes is the special protection measures for the prior registrants of registered trademarks; The essence of trademark objection is the social objection to the preliminarily approved trademark, including the objection that the owner or the prior applicant uses the same or similar registered trademark on the same or similar goods (or services).
2. The content of the two is different: the content of the dispute is the right dispute; The content of the objection is only to raise an objection to the trademark that has been preliminarily approved.
3. Different filing time: the dispute was raised within one year after the disputed trademark was approved for registration, that is, after the Trademark Registration Certificate was issued; The objection was raised within three months after the preliminary examination and approval, that is, it was published in the trademark announcement.
4. Different applicants: the disputing party is specific, that is, he must be a prior registrant; The objector is not specific, and can be any organ, group, enterprise or individual, including the prior registrant.
5. The reasons for the dispute are different: the disputed trademark must be the same as or similar to the trademark of the disputed applicant on the same or similar goods (or services); In addition to the above reasons, there are prohibitions or other provisions that violate the provisions of the Trademark Law.
6. Different handling institutions: trademark disputes are directly submitted to the Trademark Review and Adjudication Board; Trademark objections are submitted to the Trademark Office. Anyone who refuses to accept the ruling of the Trademark Office may file a review with the Trademark Review and Adjudication Board within 15 days after receiving the notice.
7. There is no need to pay for trademark objections; Trademark disputes are subject to examination fees. I hope I can help you adopt it.