According to the provisions of the Trademark Law, trademark owners can choose the following two legal channels to claim their rights:

Objection to the trademark announced in the preliminary examination

According to the provisions of Article 3 of the Trademark Law, "Anyone can object to the trademark announced in the preliminary examination within 3 months from the date of announcement." If the obligee thinks that his trademark has been maliciously applied for registration by others first, if it is found in time within the announcement period of the preliminary examination and approval of the trademark, he may raise an objection to the Trademark Office and request the Trademark Office not to approve the registration.

lodge a dispute with the Trademark Review and Adjudication Board over a registered trademark

According to Article 41 of the Trademark Law, if the obligee thinks that his trademark has been pre-registered by others in bad faith, he may apply to the Trademark Review and Adjudication Board for cancellation within five years from the date of registration of the trademark.

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 elements of the registered trademark behavior analyzed above. These evidences should focus on two aspects: on the one hand, the evidence that the trademark registrant is subjectively malicious, 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 demands 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, newspapers and magazines that advertised the trademark, and the purchase and sale contracts and invoices of the trademark goods.

it should be noted that when submitting an application to the Trademark Office or the Trademark Review and Adjudication Board, the parties concerned shall meet the prescribed requirements. For example, an application for an objection or dispute ruling should be filed within the time limit prescribed by law, and relevant evidence materials should be submitted at one time as far 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 ex officio, historical archives kept by specialized agencies, publicity materials about trademarks published in influential news media and so on.