The trademark objection defense is a defense against the objection reasons put forward by the objector, so that the examiner can have a more fair judgment. Xiaobian shares the organized trademark objection defense process with everyone, welcome to read, for reference only!

the process of trademark objection defense

1. After receiving the trademark objection documents, the Trademark Office generally has to go through the necessary formal examination. One month after the expiration of the trademark objection, the Trademark Office will hand over a copy of the trademark objection document to the objector, and the objector will reply within 3 days from the date of receiving the notice of trademark objection defense. It is up to the opponent to decide whether to reply or not.

2. Upon receipt of the objection, the Trademark Office will make a ruling according to the facts and reasons stated by the parties. If it fails to make a reply at the expiration of the period, the Trademark Office will make a ruling according to the law, and the ruling result will be served on the parties.

3. If either party refuses to accept the ruling, it may apply to the Trademark Review and Adjudication Board for reexamination within fifteen days from the date of receiving the ruling, and the Trademark Review and Adjudication Board will make a final ruling.

content of trademark objection defense

trademark objection defense refers to the legal act that the objector of a trademark objection case refutes the objection reasons in writing within the statutory time limit. Article 33 of the Trademark Law stipulates that if an objection is raised to a trademark that has been preliminarily approved and announced, the Trademark Office shall listen to the facts and reasons stated by the objector and the objector, and make a ruling after investigation and verification. If a party refuses to accept the notice, he may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice, and the Trademark Review and Adjudication Board shall make a ruling and notify the objector and the objector in writing.

the respondent's defense should include the following contents:

1. The subject qualification

must be the respondent or the legally entrusted agent of the respondent. If the trademark objection defense is entrusted to a trademark agency, a Power of Attorney for Trademark Agency shall be attached. The Trademark Office will, based on the facts and reasons stated by the parties, make an objection ruling after investigation and verification, and make an objection ruling to inform the opposing parties.

2. There are clear objections

What are the objections? Trademark objection application? Objection reasons and evidence materials, the respondent should put forward corresponding defense reasons and evidence materials, and whether the defense reasons and evidence materials are sufficient or not will play a decisive role in objection cases. Therefore, it is suggested to entrust a professional trademark law firm or agency to act as an agent.

how to do a good job in trademark objection defense and application?

(I) Proof of Objection Trademark Rights

It is far from enough to provide valid proof of the objection trademark or other prior rights. It is also necessary to provide valid proof of the objection trademark or prior rights in the trademark objection letter, which is the most basic burden of proof that the objector should bear. It is an unqualified trademark objection application if there is only relevant information about the objection trademark without valid proof of the objection trademark or prior rights. Because there is no such evidence, it is difficult for the objector to make a reply, obviously unfair; Without the above proof materials, the objectivity and authenticity of the objection reasons will lose their foundation; Without the above supporting materials, the examiner will not be able to make a comparison and make a ruling.

(II) Reasons for Objection

Every examiner is charged with the heavy task of ruling objections, and the lengthy objections will undoubtedly increase the burden on the examiner. Although trademark objection cases are complicated and the reasons for objection cannot be the same, they should be concise and focused. In detail, the reasons for objection should be dealt with differently according to the specific case:

1. The objection trademark is a registered trademark

When the objection trademark is an approved registered trademark, the dissenter should first compare the objection trademark with the objected trademark in terms of sound, form and meaning, and then draw the conclusion that the two trademarks constitute similar trademarks. For example,? Mitsubishi? And? Trigons? 、? Huang Guan? And? Crown? The pronunciation of is the same or similar; ? Colorful? And? Yucai? 、? Lufei? And? Xia Fei? The glyph approximation of; ? Flowers? And? FLOWER? 、? HAWK? And? Eagle? The meaning of is the same or similar. Secondly, the dissenter compares whether the goods designated for use by the dissenting trademark and the goods approved for use by the dissenting trademark belong to similar goods, and then draws the conclusion that they belong to similar goods. Finally, on the premise of meeting the above two conditions, it is further pointed out that the two trademarks have constituted similar trademarks used in similar goods, and the objected trademarks should not be approved for registration.

It should be noted that the dissenter can break through the restrictions of similar goods and services classification tables, and compare the sales places, sales channels, consumers, functions, uses and other aspects of the goods, pointing out that the goods used by the two trademarks are * * * same in the above aspects (for example? Wine? And? Beer? 、? Smoke? And? Smoking set? 、? Cars? And? Tires? ), thus further pointing out that although the goods designated for use by the two trademarks are not similar goods, the registration and use of the objected trademarks are also likely to cause confusion and misunderstanding among consumers.

2. The dissenting trademark is an unregistered trademark

It is difficult for the dissenter to raise an objection to the preliminary examination and approval trademark with an unregistered trademark. Because China's Trademark Law implements the principle of registration and the principle of prior application, registration is a prerequisite for the acquisition of the exclusive right to use a trademark and the protection of the trademark law. If an unregistered trademark wants to be protected in the objection procedure, the objector must prove that the objector applied for registration of the objected trademark out of malice. Snatch? )。 The syllogism to complete this proof process is:? The objection actually uses the objection trademark in business+the objection knows the existence of the objection trademark and applies for registration of the trademark on similar goods or services = the objection is squatting? . Commodities marked with the objection trademark, advertising of the objection trademark by the objector (such as posters for publicity, patterns for advertising in various media, invoices, etc.), sales volume, business dealings between the objector and the objector (such as documents for the purchase of goods by the objector or his agent, proof that the objector was an objector seller, etc.). In addition, the dissenter should bear the burden of proof for the originality of the dissenting trademark. If the dissenting trademark is a common or fixed word combination or a common or ordinary shape of natural creatures, it will be more difficult to be protected by the Trademark Law.

3. Objection trademarks are well-known trademarks or well-known trademarks

Since China implements the system of recognition of well-known trademarks and well-known trademarks by competent authorities, if the dissenter claims that the objection trademarks are well-known trademarks or well-known trademarks, he must provide relevant certificates or supporting documents issued by the State Administration for Industry and Commerce or the provincial administration for industry and commerce. If the dissenter requests to extend the protection of the dissenting trademark across categories, he must prove that there is a certain connection between the goods or services designated by the dissenting trademark and the goods or services approved by the dissenting trademark, and this connection is enough to cause confusion and misunderstanding among consumers. Objection trademarks are well-known and highly original, so it is possible to obtain expanded protection on all kinds of goods or services. As in medicine? Tong Ren Tang? Used in color TV? KONKA? And? Changhong and the map? Trademark? Graphic part? Used in clothing? Youngor? .

4. Objection trademark is a well-known trademark

When raising objections, most foreign dissidents claim that the objection trademark is a well-known trademark, which does not conform to the legal provisions of our country. The reason is that China implements the system of recognition by competent authorities for well-known trademarks and famous trademarks. An agent should not call a well-known trademark owned by a foreign registrant a well-known trademark, even if it meets the requirements of a well-known trademark. This is the need to maintain legal harmony and stability. However, China, as a member of the Paris Convention, is obliged to give corresponding protection to the dissenting trademarks that meet the requirements of well-known trademarks. Therefore, if the dissenter claims that his trademark is a well-known trademark, the agent can refer to the following ideas to explain the reasons for his objection: First, according to the relevant provisions of our laws, help the dissenter to provide objection materials (such as the use history, advertising, sales, and registration in various countries around the world) to prove that the trademark has a high reputation. Secondly, provide materials to prove the popularity of the dissenting trademark in China, and then request to raise it to the level of well-known trademark to protect it. Finally, it analyzes the originality of the dissenting trademark, whether the dissenting trademark will confuse consumers, and whether it will dilute the dissenting trademark, so as to ask for expanded protection of the dissenting trademark. For example, used on color film? KODAK? , used in drinks? COCA? COLA? (COLA has become a common name).

5. The objector cites other prior rights

If the objector infringes upon the prior rights of the objector by applying for registration of the objected trademark, it must provide corresponding certification materials. For example, if copyright (copyright) is claimed, the publication certificate, creation certificate and trademark design certificate of the work shall be provided; Where a patent right for a design is claimed, a certificate of rights issued by the patent authority shall be provided; Where the right of name is claimed, the registration certificate of enterprise name issued by the enterprise registration authority shall be provided. It needs to be emphasized that if an objector raises an objection by citing other prior rights, it must prove that the objector applied for registration of the objected trademark intentionally or maliciously, or that the objector's behavior constitutes copying, imitation, plagiarism or plagiarism. It is more convincing if the dissenter can prove that he has used the cited graphics (works), names and designs commercially.

ELTAMTHRIN? Namely? Deltamethrin? Alias, forming a common name, but the dissenter failed to provide sufficient evidence to prove.

(3) Objection materials and their supplements

Should the agent change the objection materials? The more the better? Concept, make the objection materials concise and focused. Will be closely related to the objection case, persuasive and may affect the outcome of the objection ruling objection materials promptly sent to our bureau. For example, the registration certificate of the objection trademark in China or other countries and regions; Actual use, advertising and sales, and so on. Generally speaking, the registration certificate, especially in China, is the most convincing, only to prove the popularity of the dissenting trademark or the dissenting person? Snatch? , it is necessary to provide proof of actual use, advertising and sales, etc.

due to the lack of regulations on the time limit for ruling on objections and the time limit for supplementing objection materials, the status quo that objection materials can be supplemented at any time is caused. It should be pointed out that the existence of this situation is unfair to the objector. Especially, the unfairness is more prominent when the objector submits the objection materials after the notice of defense is sent to the objector. Because the objector can't see the supplementary objection materials, he can't make a favorable reply to the objection materials, which deprives the objector of the right to reply to some extent. This requires the agent to submit objection materials in time, which not only protects the legitimate rights and interests of the principal, but also respects the right of the objector to reply.

the above is the trademark objection defense process provided by xiaobian. I hope you can enjoy it!

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