1, file an objection with the Trademark Office regarding the trademark announced in the preliminary examination.
According to Article 33 of the Trademark Law, within three months from the date of announcement, the prior obligee or interested party may file an objection with the Trademark Office if it considers that it violates the provisions of Article 13, paragraphs 2 and 3, Article 15, Article 16, paragraph 1, Article 30, Article 31 and Article 32 of this Law, or that it violates the provisions of Article 10, Article 11 and Article 12 of this Law. "The obligee thinks that its trademark has been maliciously applied for registration in advance by others, and if it is found in time during the announcement period of the preliminary examination and approval of the trademark, it may raise an objection to the Trademark Office and request the Trademark Office not to approve the registration.
2. A registered trademark is disputed with the Trademark Review and Adjudication Board.
Where a trademark registered in accordance with Article 45 of the Trademark Law violates the provisions of Article 13, paragraphs 2 and 3, Article 15, Article 16, paragraph 1, Article 30, Article 31 and Article 32 of this Law, within five years from the date of trademark registration, the prior obligee or interested party may request the Trademark Review and Adjudication Board to declare the registered trademark invalid.
When applying to the Trademark Office or the Trademark Review and Adjudication Board for objections or disputes and claiming rights, the parties concerned shall state the reasons and provide corresponding evidence in combination with the constitutive requirements of the registered trademark act analyzed above. These evidences should focus on two aspects: on the one hand, the evidence of the subjective malice of the trademark registrant, such as the purchase and sale contracts and correspondence between the two parties related to the disputed trademark, and the written evidence that the trademark registrant demanded unreasonably high "trademark transfer fee" from the obligee; On the other hand, it is the evidence that the right holder used and publicized the disputed trademark in advance, such as the entrustment contract and corresponding documents between the right holder and the trademark design and trademark logo printing unit, the advertising production and release contract of the trademark, the newspapers and magazines that publicized the trademark, the purchase and sale contracts and invoices of the trademark goods, etc.
It should be noted that when applying to the Trademark Office or the Trademark Review and Adjudication Board, the parties concerned shall meet the prescribed conditions. For example, an application for an objection or a dispute ruling should be filed within the time limit prescribed by law, and relevant evidence materials should be submitted as much as possible within the time limit. In order to get strong support for their claims, the parties concerned should try their best to submit evidence with high credibility, such as official documents and certificates made by state organs according to their functions and powers, historical archives kept by specialized agencies, and publicity materials about trademarks published in influential news media.