Trademark disputes refer to disputes over registered trademarks, that is, trademark disputes between two registered trademark owners because two trademarks are identical or similar. Trademark objection means that the prior obligee or interested party thinks that the trademark preliminarily approved by the Trademark Office for announcement is illegal, and puts forward the opinion of not registering to the Trademark Office within 3 months from the date of announcement. Simply put, a trademark dispute is when a trademark is used. Trademark objection is when applying for a trademark.

? Different characteristics

? Characteristics of trademark objection:

1. Objecting to the protection of rights, believing that the trademark preliminarily approved is the same as or similar to the trademark registered or applied for earlier;

2. Social objection that the preliminary examination and approval of the trademark violates the prohibition clause or other provisions of the Trademark Law.

? Characteristics of trademark disputes:

1. The applicant must be a previously registered trademark registrant;

2. The time for filing a dispute is within five years after the disputed trademark is approved for registration;

3. The scope of use of two disputed registered trademarks must involve the same commodity (or service) or similar commodities (or services);

4. The characters, graphics or their combinations of two disputed registered trademarks are likely to be the same or similar;

5. The disputed trademark has not raised any objection for the same reason before it is approved for registration, nor has it been ruled.

? Essentially different:

The essence of trademark dispute is the special protection measures for the prior registrant of registered trademark; The essence of trademark objection is the social objection to the preliminarily approved trademark, including the objection that the owner or the prior applicant uses the same or similar registered trademark on the same or similar goods (or services).

? The content is different:

The content of the dispute is the right dispute; The content of the objection is only to raise an objection to the trademark that has been preliminarily approved.

? Time is different:

The dispute was raised within one year after the disputed trademark was approved for registration, that is, the Trademark Registration Certificate was issued; The objection was raised within three months after the preliminary examination and approval, that is, it was published in the trademark announcement.

? Application entities are different:

The disputing party is specific, that is, he must be a prior registrant; The objector is not specific, and can be any organ, group, enterprise or individual, including the prior registrant.

? The reasons are different:

If the trademark in dispute is the same as or similar to the trademark of the applicant on the same or similar goods (or services), a dispute must be filed; In addition to the above reasons, there are prohibitions or other provisions that violate the provisions of the Trademark Law.

? Different processing mechanisms:

Trademark disputes shall be directly submitted to the Trademark Review and Adjudication Board; 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.

The fees paid are different:

Trademark objections do not need to be paid, while commodity disputes need to be examined.