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What is a trademark dispute?
Answer 1. What is a trademark dispute? Trademark disputes refer to disputes over registered trademarks, that is, trademark disputes between two registered trademark owners because two trademarks are the same or similar. The essence of a trademark dispute is that the disputing party thinks that the rights and interests of the later registered trademark conflict with those of the earlier registered trademark, that is, it is the same as or similar to the earlier registered trademark on the same or similar goods, or it has caused misunderstanding among consumers in the market, so it proposes to limit the use scope of the trademark or cancel the registration of the trademark. To apply for a trademark dispute, the following three conditions must be met: the person applying for a dispute must be a trademark registrant, and the standard registration date of the trademark is earlier than the standard registration date of the disputed trademark; The goods approved for use by two disputed registered trademarks must be the same kind of goods or similar goods; The graphics, characters or their combinations approved by two disputed registered trademarks must be the same or similar. Two. The object of trademark dispute in appraisal procedure must be a trademark registered for less than five years (except for malicious registration). However, for a trademark that has been challenged and ruled before the registration is approved, it may not apply for a dispute ruling on the same facts and reasons. If there are new facts and reasons, you can also apply for a dispute ruling. The trademark dispute review procedure is as follows: First, the applicant must submit an Application for Adjudication of Registered Trademark Disputes in duplicate to the Trademark Review and Adjudication Board in accordance with the provisions of the Trademark Law and its implementing rules, and put forward the reasons for the dispute. The Trademark Review and Adjudication Board shall submit a copy of the Application for Adjudication of a Registered Trademark Dispute to the disputing party and give a reply within the time limit. The defense is in writing. When necessary, both parties to the dispute may be required to make public defense. Three. Adjudication of Disputes The Trademark Review and Adjudication Board fully listens to the reasons and facts of both parties and makes an adjudication according to the facts and legal provisions. If the reason for the dispute is established, the disputed trademark shall be revoked; If the reasons for the dispute cannot be established, the disputed trademark shall be maintained. The final decision of the Trademark Review and Adjudication Board shall be delivered in writing to both parties to the dispute and the Trademark Office. If a trademark is revoked, the disputing party shall return the trademark registration certificate within a time limit, and the Trademark Office shall go through the formalities and announce the trademark dispute.