Characteristics of trademark disputes and trademark objections;
1. Trademark disputes must be raised by the prior trademark registrant; The two registered trademarks in dispute must be the same commodity or similar commodities; The graphics, characters or other combinations approved by two disputed registered trademarks must be the same or similar.
2. The difference between trademark dispute and objection is that trademark objection is a legal procedure for soliciting public opinions on the initially approved trademark; Anyone can raise a trademark objection; After the announcement of the preliminary examination, it is mainly to nip in the bud and put an end to future rights conflicts.
The difference between trademark disputes and objections;
1. Different applicants: the trademark dispute must be the trademark registrant, and the trademark objection can be anyone;
2. The filing time is different: the trademark dispute is filed after the trademark is approved, that is, within one year after obtaining the registration certificate; The trademark objection was raised within three months from the date of the preliminary examination announcement;
3. Different accepting institutions: trademark disputes are submitted to the State Trademark Review and Adjudication Board, and trademark objections are submitted to the State Trademark Office;
4. Different functions: The difference between trademark disputes and objections is that trademark disputes are special protection measures for the prior registrants of registered trademarks; Trademark objection refers to the social objection to the preliminarily approved trademark, including the objection of the owner or the prior applicant to use the same or similar registered trademark on the same or similar goods;
5. Different objects: the difference between trademark disputes and objections. A trademark dispute is a dispute over the exclusive right to use a trademark, and a trademark objection is an objection to the content of a trademark that has been preliminarily approved.
Of course, the reasons are also different. The dispute must be that the trademark in dispute is the same as or similar to the trademark of the applicant in the same or similar goods (or services). In addition to the above reasons, the objection also violates the prohibition clause or other provisions stipulated in the Trademark Law. In different processing institutions, trademark disputes are directly submitted to the Trademark Review and Adjudication Board, and trademark objections are submitted to the Trademark Office. Anyone who refuses to accept the ruling of the Trademark Office may file a review with the Trademark Review and Adjudication Board within 15 days after receiving the notice. Trademark objections do not need to be paid, while commodity disputes need to be examined.
The above is the difference between trademark disputes and objections. The answer. What should I do if the trademark is maliciously opposed? At the same time, belonging to different procedures, we can only raise objections to the trademark in the application during the announcement period and raise disputes after the trademark registration. The trial unit is also different, the objection trial is the Trademark Office, and the dispute trial is the Trademark Review and Adjudication Board. If you have any other questions, you can consult Intellectual Property for a detailed understanding.
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