First of all, we need to know what is trademark objection:
Trademark objection is a legal procedure for soliciting public opinions on the preliminary examination and approval of trademarks, which is clearly stipulated in the Trademark Law and the Regulations for the Implementation of the Trademark Law. Its purpose is to supervise the Trademark Office to confirm the trademark right fairly and openly. Any objection to the trademark after preliminary examination and approval may be filed with the Trademark Office within three months from the date of announcement of preliminary examination and approval.
What if the trademark is objected to?
After accepting the application for trademark objection, the Trademark Office shall send a copy of the application for trademark objection, the reasons for objection and the evidential materials to the objector, and limit the objector to make a reply within 30 days from the date of receipt. If the objector fails to give a written reply within the time limit, it shall be deemed as giving up the right of reply.
What if there is no objection?
For trademark applicants, you can choose whether to reply or not, without affecting the objection procedure. However, from the practice of objection, if the trademark applicant can provide favorable evidence according to the objection reasons, it will help the Trademark Office to make an objection decision. Details determine success or failure, and trademarks are of great significance to enterprises. Whether it is trademark transfer or trademark use, we should pay attention to these problems. For more details, please consult Bajie Intellectual Property Trademark Transfer Network!
If the trademark is objected to and chooses not to reply, the trademark will directly enter the objection procedure, and the examiner of the objection office will make a fair decision based on the evidence provided by the objector, which is obviously beneficial to the objector. If there are sufficient reasons for objection, it shall be deemed invalid and shall not be registered.
Trademark objection defense is the legal right given to the parties by trademark law and the only way for the parties to refute the objection. The defense does not affect the final ruling conclusion, but the trademark applicant should do his best for his trademark.
What should I pay attention to in objection defense?
1. involves
When refuting the similarity of trademarks, it will be explained from the aspects of sound, shape and meaning of trademarks; When refuting the similarity of goods, we will explain the differences from the goods themselves, especially whether it affects consumers' purchase and use.
Highlight advantages
If the trademark of the dissident has certain originality or priority, it should be explained as an important content, which is a powerful reason and argument for the dissident to raise an objection.
When the respondent claims the prior right of trademark application and registration, whether the obligee claims to protect its rights in China is more important, because China's trademark law stipulates the principle of prior application and prior registration, and a trademark applied for or registered in China is more important than a trademark registered in other countries or regions.
3. Strong pertinence
The defense refutes the opponents' reasons one by one, which is well founded. The other party must also provide evidence to prove that his defense is based on facts, not fabrication.
Reply on time
According to the provisions of the Trademark Law, the time limit for defense is 30 days from the date when the respondent receives the notice of defense, and the overdue defense is deemed as no defense; Supplementary materials for defense are not unlimited, so if you need supplementary materials for defense, you must submit them in time.
5. Professional teams do professional things
Objection defense needs to be conducted by a professional team, and experienced institutions arrange special personnel to write cases and complete objection defense procedures. The agency should refute the objection and provide relevant evidence materials through defense, so that the trademark it applies for can be registered as much as possible.
What if the trademark is challenged by others?
When the trademark is challenged by others, the applicant need not panic, and analyze and decompose it one by one according to the reasons for the objection. It should be noted that the content is compact, the logical relationship is clear, the focus is prominent, and the point is to the point. As long as the point of view is clear, it will play its due role.
Trademark objection is only a supplement to the substantive examination of the Trademark Office, which does not mean that the substantive examination of the Trademark Office is completely wrong. The law is fair and just. Therefore, when the trademark is challenged, the majority of enterprises should take up legal weapons and safeguard their legitimate rights and interests!