1. There are two reasons why Dakang Factory may succeed in its objection:
1 According to Article 13 of the Trademark Law, the condition is that Dakang Factory already has the conditions for a well-known trademark.
2 According to Article 15 of the Trademark Law, the condition is that the other company has original business dealings or agency relationship with Dakang Factory, which proves that its registration is an act of squatting.
3 According to Article 31 of the Trademark Law, the condition is that the trademark has a certain influence and it can be proven that the other party has registered it by unfair means.
2. If the objection is not established, the administrative procedure can continue for objection review. If you submit an objection, it is recommended to submit a trademark registration application at the same time to avoid new entities rushing to register the trademark after the objection is successful.
3. On the same day, both parties applying for the application shall provide the earliest evidence of use respectively. If the evidence cannot be provided or is not accepted, it shall be determined through negotiation between the two parties. If the negotiation fails, the Trademark Office shall arrange a drawing of lots.
4. Claim that the trademark should be used by oneself first, and the other company’s registration is an act of imitation and squatting. It is recommended to proceed with administrative proceedings first, as judicial proceedings are the last resort and are not necessary if the administration is established.
5. The simplest enlightenment is that my country’s trademarks only protect registered trademarks.