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What is the significance of the opposition system in trademark registration?

(1) Protect the interests of the trademark owner and other prior rights holders

Protecting the exclusive right to register a trademark is the legislative purpose of the Trademark Law. The Trademark Office has passed the substantive examination and based on the "Trademark Articles 28 and 29 of the Law stipulate that subsequent trademark registration applications shall be rejected. However, the rights holders of previously registered trademarks and those who applied for earlier trademarks may have different opinions on the Trademark Office’s review results, believing that the later trademark that has been preliminarily reviewed by the Trademark Office infringes upon their rights. The establishment of the trademark opposition system provides procedural guarantees for prior trademark rights holders to express their different opinions and protect their rights. Trademark law also protects other prior rights such as copyright, name rights, name rights, portrait rights, patent rights, etc. During the trademark review process, it is difficult to determine whether the trademark applied for registration infringes upon the prior rights of others. Such disputes can only be resolved through trademark opposition procedures. In addition, the trademark opposition system plays an important role in protecting well-known trademarks, prohibiting preemptive registration of trademarks with certain influence, and prohibiting malicious registration by agents or representatives.

(2) Protect the interests of consumers

Through the substantive review of trademark registration applications, try to avoid the appearance of identical or similar trademarks used on the same or similar goods, so as to make consumers to avoid confusion. Although trademark review is also based on the attention of ordinary consumers, the judgment in the review is only a judgment of possibility, not a judgment of fact. A trademark that the Trademark Office considers not to be similar goods or a similar trademark may, in actual economic life, be considered by consumers to be similar goods or a similar trademark. The establishment of the trademark opposition system is to give consumers the opportunity to express their opinions, thereby avoiding to a certain extent confusion between trademarks approved and registered by the Trademark Office and other trademarks in the market. Therefore, the Trademark Law does not restrict the qualifications of trademark opposition applicants, that is, anyone can file an objection.

(3) Maintain social public interests and public order and good customs

Since a trademark is a sign used on goods to distinguish the source of the goods, once registered and used, it will inevitably create certain consequences in society. influence. In order to avoid the adverse impact of trademarks on social order and good morals, Article 10 of the Trademark Law stipulates that signs that are harmful to socialist morals or have other adverse effects shall not be registered and used as trademarks. However, due to factors such as the cognitive level and knowledge structure of trademark examiners, trademarks that have adverse effects or violate prohibited clauses may be initially reviewed and announced during the review process. The trademark opposition system provides an opportunity for the public to oppose the registration of such trademarks, and the Trademark Office will make a ruling to revoke the preliminary approval of such trademarks, thus eliminating the negative impact. It is from this kind of objection that one of the purposes of the trademark opposition system is to safeguard the interests of the public and public order and good customs.

(4) It is conducive to the public’s supervision of trademark review work

The review system of trademark registration is subject to technical conditions, the examiner’s experience, knowledge, and similar knowledge of trademarks Due to the influence of differences and other factors, mistrials, omissions, mistrials, etc. may occur. The establishment of a preliminary trademark announcement system and a trademark objection system is to announce the trademark review status to the public, subject administrative power to social supervision, help improve work quality, and continuously improve the trademark registration review work; through the announcement system and opposition system, trademark The Bureau can extensively collect opinions from all aspects and promptly correct work errors or inappropriateness, thereby improving the credibility of administration; the objection system is conducive to the public's supervision of trademark registration review work, increases the transparency of the work, and embodies serving the people and serving the people. Benefits flow from good to bad.