It is not easy to successfully register a trademark, not only it will take nearly a year, but also some obstacles that hinder the successful approval of the trademark in the process of reviewing the announcement, and trademark objection is one of them. However, you should not be "square" when you encounter trademark objections. Just because a trademark is opposed does not mean that the trademark will not be approved. Applicants can still take some appropriate measures to minimize the threat of trademark objections to trademark approval. So what does trademark objection mean? Intellectual property has compiled some information, and you can have a look if necessary.

under what circumstances do we need to apply for trademark opposition? Trademark objection refers to any person who thinks that the trademark preliminarily approved by the Trademark Office to be announced is not legal and puts forward an opinion to the Trademark Office that it should not be registered within 3 months from the date of announcement.

under what circumstances can I file a trademark objection application?

1. The trademark identified through preliminary examination violates the provisions of Article 1 of the Trademark Law and uses the mark prohibited by the Trademark Law.

2. The trademark identified by preliminary examination violates the provisions of Article 28 of the Trademark Law and infringes upon the prior trademark rights of others, and the trademark applied for registration is the same as or similar to the registered trademark of others on the same or similar goods or the trademark preliminarily examined and approved.

3. The trademark identified through preliminary examination violates the provisions of Article 31 of the Trademark Law and infringes upon the prior rights of others.

The trademark objection application specifically includes the following aspects:

(1) The trademark identified in the preliminary examination infringes on a well-known trademark.

(2) The trademark recognized in the first instance violates the provisions of Article 15 of the Trademark Law, and the agent or representative applies for registration of the trademark of the managed person or the represented person in his own name without authorization.

(3) The trademark recognized in the first instance violates Article 16 of the Trademark Law and abuses geographical indications, causing public confusion.

(4) the trademark recognized in the first instance infringes the patent right or copyright of another person's design.

(5) The trademark recognized in the preliminary examination infringes upon the prior special mark right of others.

(6) The trademark recognized in the first instance is a trademark that has been used by others and has certain influence by unfair means.

trademark objection defense application process

everything has a process, and the so-called doing things according to the rules requires us to handle related matters according to a certain process. Trademark objection defense is no exception.

1. About one month after submitting the application, the State Trademark Office issued the Notice of Acceptance of Trademark Objection Defense;

in about 2 or 18 months, the Trademark Review and Adjudication Board ruled on the application for opposition to registration and issued the Trademark Objection Ruling;

3. At the same time, the result of the objection ruling can be found on the official website of the Trademark Office. Any party who disagrees with the result of the objection ruling may file an objection review, and those who disagree with the objection review ruling may bring a lawsuit to the people's court.

What do you mean by the trademark objections brought by intellectual property rights? In today's market economy, it is more and more important to protect your intellectual property rights. In daily life, you should enhance your awareness of protecting your intellectual property rights and protect your legitimate rights and interests from infringement. Trademark objection defense trademark objection materials trademark objection process trademark objection application