I believe everyone has heard of trademark objection. Trademark objection refers to raising objections to a trademark that has been initially approved and announced by the Trademark Office in accordance with the provisions of the Trademark Law, and requesting the Trademark Office not to register the opposed trademark. . The person who raises the objection is the opponent, and the trademark applicant being opposed is the opponent.

Trademark opposition is a legal procedure clearly stipulated in the Trademark Law and the Implementing Regulations of the Trademark Law for publicly soliciting public opinions on a preliminary examination of a trademark. Its purpose is to supervise the Trademark Office’s fair and open conduct of trademark confirmation. right. Anyone who has different opinions on the preliminary approval of a trademark may file an objection with the Trademark Office within the three-month objection period from the date of the preliminary approval announcement. What are the types of trademark objections?

The main purpose of trademark opposition is to protect the interests of the previous registrant of the trademark; to protect the right of the preliminary trademark examiner to apply first; to prevent the registered trademark applicant from obtaining undeserved exclusive rights to the trademark. There are also many types of trademark objections.

The types of trademark objections specifically include the following aspects:

1. The trademark identified in the preliminary examination infringes upon a well-known trademark.

2. The trademark determined in the preliminary examination violates the provisions of Article 15 of the Trademark Law. The agent or representative applies for registration of the trademark of the client or represented person in his or her own name without authorization.

3. The trademark identified in the preliminary examination violates the provisions of Article 16 of the Trademark Law, abuses geographical indications, and causes public confusion.

4. The trademark identified in the preliminary examination infringes upon the design patent rights or copyrights of others.

5. The trademark identified in the preliminary examination infringes upon the prior special sign rights of others.

6. The trademark identified in the preliminary examination is a trademark that has been used by others and has a certain influence by unfair means.

Methods for handling objections to registered trademarks: entrust a trademark registration agency registered with the Trademark Office to handle the matter; the objector shall go to the Trademark Office to handle the matter himself.

The establishment of trademark opposition procedures aims to strengthen public supervision of trademark review work, reduce review errors, strengthen trademark awareness, and provide one-time protection to previously registered trademark owners and other interested parties. opportunity to protect their own rights and interests and prevent the occurrence of conflicts of rights. The opponent can be the registered trademark owner, the previous applicant for trademark registration and other interested parties, or any other citizen or legal person.

These are the types of trademark objections. It is worth noting that the objection raised by the opponent should have clear objection reasons, facts and legal basis. The reasons for the objection should be clearly stated in words to facilitate the opposing party's defense and the Trademark Office's review. If there are no clear reasons, facts and legal basis for the objection, the objection application will not be accepted. If the objection applicant needs to supplement evidence materials, he shall declare it in the objection application and submit it within 3 months from the date of submission of the objection application. Failure to declare shall be deemed as giving up the submission of supplementary materials. If you have other questions, you can consult Intellectual Property for more details. Trademark opposition success rate Trademark opposition defense Trademark opposition application