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What should I do if the company that uses the trademark gets the relief of registration?
1: You can object to a trademark that has not been approved for registration. For a company whose trademark has been registered but the application is not registered, it can be remedied by raising objections. According to the provisions of China's Trademark Law, trademark applications are examined by the Trademark Office of the State Administration for Industry and Commerce. Those who pass the examination enter the announcement period, that is, three months. Within these three months, eligible subjects can raise trademark objections. Start-ups with registered trademarks can prepare evidence materials through professional trademark agencies and file trademark objections with the Trademark Office within these three months. Some enterprises doubt the success rate of raising objections. According to the author's experience, if the trademark used before is indeed registered, the success rate is still very high if you choose an experienced trademark agency or law firm and prepare enough evidence materials to recover your trademark. The legal basis of the objection is the provisions of Article 32 of the Trademark Law. "The application for trademark registration shall not damage the existing prior rights of others, nor shall it preempt the trademark registration that others use by improper means and cause certain influence." At the same time, it should be reminded that when filing a trademark objection, a startup company that has registered a registered trademark must also file a trademark application in its own name, because even if the objection is successful, it can only prevent others from registering a registered trademark. However, enterprises still need to apply for approval and registration to obtain trademark rights. Path 2: If a registered trademark is approved for registration after the three-month announcement period, the registered trademark may be declared invalid, and the startup company may apply to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce for declaring the registered trademark invalid in accordance with Article 45 of the Trademark Law. The Trademark Law has a five-year application invalidation period, that is, if the trademark has been registered for more than five years, the application cannot be invalidated on the grounds of registration (well-known trademarks are not within this period). If a party refuses to accept the decision of the Trademark Review and Adjudication Board, it may also bring an administrative lawsuit to the people's court to apply for invalidation, and suggest the registrant to file a trademark application at the same time. Path 3: Improve the trademark and brand protection system in an all-round way, and "the market will not move, and the trademark will take priority". Start-up companies should apply for trademark registration of major products and services at the initial stage of their business. Many times, entrepreneurs do not apply for registered trademarks because of insufficient funds, which is a hidden danger for the long-term development of the company. Nowadays, the competition in the Internet industry is very fierce. If a start-up company's trademark is registered by a competitor and then continues to complain, it will cause a huge blow to the company's development. Although some start-ups have applied for trademark registration in major service categories, they have not applied in related categories. For example, they only applied for 4 1 education service, but did not apply for 9 kinds of computer software and hardware. At this time, if other enterprises are eager to register trademarks in category 9, there will still be risks. In addition to the main categories of goods and services, start-ups should continue to strengthen trademark protection and increase applications for auxiliary categories according to the needs of enterprise development.