Trademark objection refers to the public's objection to a trademark that has been preliminarily approved and announced to the Trademark Office within the statutory time limit, that is, asking the Trademark Office not to approve the registration of the trademark after the expiration of the prescribed three-month objection period. And how high is the success rate of trademark objection?

some people think: since the trademark office has already announced it, what's the use of my objection?

It is because of the announcement made by the Trademark Office that trademark objections need to be raised. Without the announcement, trademark objections cannot be raised. The Trademark Office announces only because you are not registered in this category or group in the trademark system. If there is no duplication, an announcement will be made. It doesn't mean that you can't succeed if you raise an objection. The success of raising an objection mainly depends on the use of your trademark.

how high is the success rate of trademark objection?

1. If you don't look at the trademark and the evidence, you can't be completely sure. However, if the two categories of goods or services are very close, and the trademarks are exactly the same, even in the same region, what's more, many well-known trademarks are registered by dissidents, and the trademark awareness of dissidents is also very high. Combining various factors, trademark objection will be established.

2. Trademark objection review is written review, so evidence is the key to success. If the parties insist on asking the success rate, they can only say that the overall success rate of trademark objection is less than 5%. However, this data is not enough to evaluate whether a specific objection case can be successful. Because the specific circumstances of any trademark objection case are very different, the use of trademarks is different.

3. The examination of trademark objections is based on case identification. Among them: 1. Whether the applicant has a high reputation. 2. Whether the applicant is a well-known firm. 3. Does the applicant have other prior rights (including copyright and patent rights) that will help the success of trademark objection? 4. Whether the goods or services of the trademark are enough to lead to misidentification. 5. The objector is indeed a malicious cybersquatting. 6. Evidence of business dealings and agency affairs between trademark owners, etc. Will play a role in trademark objection cases.

since the success rate of trademark objection is not high, why should I raise an objection?

on the one hand, raising trademark objections is to consider its success rate, on the other hand, it is also a manifestation of protecting trademarks. If we ignore the industries registered by others, it will be difficult to protect the trademarks over time. For example, the most popular trademarks such as Mailisu, Goubuli Steamed Bun, Jiujiu Duck, Jiujiu Peanut and Jeep have become common names due to poor protection, and it is already very difficult for enterprises to protect trademarks again.

in fact, the four dimensions of "the scope of use → the scope of development → the scope of protection → the scope of prohibition" of a trademark should be protected by registration in advance, which is a more sound way of trademark protection. For more questions about the success rate of trademark objection, please go to Intellectual Property for consultation!