A trademark targeted by a big name? What should we do?
When a well-known brand sees your trademark and raises an objection, how should it be cracked? It is estimated that this is a headache for the majority of applicants. After nearly a year's examination, the applied trademark will finally enter the preliminary examination announcement. However, during the announcement period, it will be opposed by others and face the risk of losing its rights. How should this situation be solved? What if you are opposed? According to statistics, the number of objected trademarks accounts for about 2% ~ 3% of the initially approved announced trademarks. After accepting the application for trademark objection, the Trademark Office will send the dissenter's Application for Trademark Objection and a copy of the objection reasons and evidence materials to the dissident or the dissident's agency, and limit the dissident to make a reply within 30 days from the date of receipt. If the dissenting party fails to give a written reply within a limited time limit, it shall be deemed as giving up the right of reply. Therefore, when receiving the notice of objection defense, the applicant needs to keep calm, and even if the objection defense is done well, he should work together with the agency to make the defense successful. How to break the objection? In the objection file, you can see which person or enterprise raised an objection to the trademark. When encountering objections from well-known brands, applicants need not panic. According to the reasons for raising objections, analyze them one by one. How to crack it mainly starts from the following aspects: Does it really constitute an approximation? The objected trademark has passed the preliminary examination of the State Trademark Office, which shows that the trademark conforms to the provisions of the Trademark Law to a certain extent. For example, the trademarks of both parties are quite different in terms of text composition, address and overall appearance, and are not similar trademarks. Do you belong to the same industry? Well-known brands are inconsistent with other people's trademarks, and in many cases they are inconsistent with their industries. The designated use service of the objected trademark is obviously different from the licensed use service of the trademark cited by the objected, which is not a similar service. The service is different, or the products used are different, and the consumers or service objects are obviously different, so the objected trademark has nothing to do with the cited trademark. Is it a malicious objection? Some dissidents have malicious objections, that is, they use trademark objection procedures for improper purposes to prevent others from registering their trademarks in time. As we all know, once the trademark of first instance is challenged by others, it will take at least 10 months, which extends the blank period of trademark not being protected by law. In view of this situation, opponents should take up legal weapons to protect themselves. Did you use any evidential materials? Such as the design concept and significance of applying for a trademark; Development course; Franchise stores; Any place where trademarks are used, such as company signboards and franchisees; Sales invoice and tax declaration certificate; Advertising contracts, leaflets and brochures; Company publicity or other publicity materials, etc. Most importantly, the objection defense needs a professional team to do. A professional and experienced agency will arrange a special person to write a case and do a good job in the objection defense procedure. The agency refutes the reasons for objection through defense, and provides corresponding evidential materials, so as to get the trademark it applied for registered as much as possible. Trademark objection is only a supplement to the substantive examination work of the Trademark Office, but it does not mean that the substantive examination work of the State Trademark Office is completely wrong, and the law is fair and just. Therefore, enterprises should take up legal weapons and safeguard their legitimate rights and interests. The completion of these tasks naturally requires professional institutions!