When a trademark registrant marks his or her registered trademark with the words "registered trademark" or a registration mark, it can have the effect of declaring rights, and is conducive to warning and preventing others from infringing on the exclusive right to use the registered trademark. However, many people do not quite understand the rules of trademark use: Who is the subject of trademark opposition? The subject of trademark opposition is the prior right holder, interested party or anyone else. The following will give you the answer:
According to the provisions of the Trademark Law of the People's Republic of China, for a trademark that has been initially approved and announced, within three months from the date of announcement, the prior rights holder, interested parties and If the relevant party believes that the provisions of Paragraph 2 and Paragraph 3 of Article 13, Paragraph 15 of Article 16, Paragraph 1 of Article 16, Article 30, Article 31 and Article 32 of this Law have been violated, Or anyone who believes that the provisions of Article 4, Article 10, Article 11, Article 12 or Article 19, Paragraph 4 of this Law are violated may file an objection with the Trademark Office. If there is no objection at the expiration of the announcement period, the registration will be approved, a trademark registration certificate will be issued, and the announcement will be made.
In practice, the main parties that raise objections to the ongoing announcement are interested parties in trademark registration. The opponent believes that the trademark that has been preliminarily approved and announced by the Trademark Office is different from the trademark that has been registered or has been preliminarily approved or announced. If a previously announced trademark is identical or similar (the designated goods/services are identical or similar), in order to protect one's own trademark exclusive rights, the Trademark Office is requested not to register the trademark.
In addition, the subject of trademark opposition can also be other natural persons, enterprises, agencies, groups or other organizations other than interested parties, as long as they believe that the trademark being announced does not meet the relevant requirements stipulated in the Trademark Law. All parties have the right to raise objections within the three-month announcement period.
What are the subject qualifications for trademark opposition? Methods for handling the rejection of trademark objections. The key qualifications of the respondent to the trademark objection are the boycotter or the client reasonably and legally authorized by the boycotter. If the respondent to a trademark objection is authorized by a trademark agency organization, the National Trademark Office should be attached. The National Trademark Office should make an objection decision based on the objective facts and reasons stated by the defendant and after verification, record the objection in the defendant, and notify the defendant.
According to laws and regulations, trademark objections should be clearly raised within three months of the effective date of the trademark announcement. If the last day of trademark opposition is a statutory holiday in my country, it should be added to the first working day after the statutory holiday. The above is the response to the legal entity subject of trademark opposition. We can understand that the legal entity subject of trademark opposition must authorize violent revolution or violent revolution clients in accordance with regulations. If you want to understand other laws and regulations, you should also provide professional online consulting services. You are welcome to receive legal consulting services again. If you have any other questions, you can consult for more details.
The above is about who is the subject of trademark objection? The subject of trademark opposition is the prior right holder, interested party or anyone else. answer. Trademarks are of great significance to enterprises. Friends must be careful and choose carefully when applying for trademarks. If you have other questions, you can consult Intellectual Property for more details. Trademark opposition success rate Trademark opposition defense