Trademark disputes and trademark objections seem to be just one word, but they are actually two completely different concepts. In judicial practice, trademark objections and trademark disputes are common disputes. So, is there a difference between trademark opposition and trademark dispute? We help you understand relevant legal content and regulations and provide you with references.

Trademark objection means that when the Trademark Office rejects a trademark registration application, the applicant can request the Trademark Office to refuse to register the trademark through others within a certain period of time to protect the interests of the previous trademark registrant. However, the Trademark Office must actively file a trademark objection before it can be retained for a certain period of time, and you need to understand the trademark opposition process.

Characteristics of trademark objections:

Right protection objections, which believe that the trademark under preliminary examination is identical or similar to a registered or previously applied trademark; 2. Social opposition to trademark violations during preliminary examination the prohibitions or other provisions of the Trademark Law.

Characteristics of trademark disputes:

1. The applicant must be the registrant of the previously registered trademark;

2. The time for filing the objection is the disputed trademark Within one year after the registration is approved;

3. The scope of the two registered trademarks approved for use in dispute must involve the same type of goods (or services) or similar goods (or services);

4. The approved words, graphics or combinations of the two registered trademarks in dispute are likely to be the same or similar;

5. The disputed trademark was not registered for the same reason before it was approved An objection was raised and there was no ruling.

What is the difference between a trademark dispute and a trademark opposition?

The two are essentially different: the essence of trademark dispute is special protection measures for those who registered trademarks early; the essence of trademark opposition is a preliminary review of social objections to the trademark, including on goods (or Identical or similar objections from the owner or earlier applicant who use the same or similar registered trademark on the service). The contents of the two are different: the content of the dispute is a dispute about rights; the content of the objection is only an objection to the original approved trademark.

The application time is different: the dispute should be filed within one year after the relevant trademark registration is approved, and the trademark registration certificate will be issued. The subject of the application is different, and the disputing party is specific, that is, it must be the prior registrant; the objection will be filed within three months after the issuance of the "Trademark Announcement". The objector is not specific and can be any institution, group, business or individual, including previous registrants.

Different reasons for submission: If the disputed trademark is identical or similar to the applicant’s trademark in the same goods (or services), a dispute must be submitted. terms or other provisions.

Different organizations: Trademark disputes are filed with the Trademark Examination Board; trademark objections are filed with the Trademark Office. If you are dissatisfied with the Trademark Office's decision, you can submit it to the Trademark Examination and Adjudication Board for review within 15 days after receiving the notice. There is no fee for trademark opposition. For product disputes, a review fee is payable.

The above is the content related to trademark disputes written by the editor. Hope it helps everyone. You must purchase trademarks on a professional and formal platform to avoid trademark disputes.