Legal subjectivity:

During the trademark application process, the application time can be as long as one year, which often confuses trademark customers who have their own original brands. Can it be used in ? Generally speaking, there are two processing methods: 1. The situation of re-use after obtaining the certificate: For the disputed trademark that has not yet been put into large-scale use, the authorization and confirmation conditions and processing such as trademark similarity and product similarity are judged to be the same as those of the prior commercial trademark. Regarding trademark conflicts, the standards for trademark authorization and confirmation must be properly and strictly controlled in accordance with the law, fully consider the interests of consumers and fellow operators, effectively curb unfair preemptive registration, and eliminate the possibility of confusion about commercial marks as much as possible; therefore, once encountering In the case of trademark rejection, because the trademark has never been put into use, you lose the chance of rejection review. 2. The situation of applying and using at the same time: Many companies currently use this method to manage their own brands, that is, regardless of whether they have obtained the registration certificate, they have started to use it from the date of application or before the date of application. The biggest disadvantage of this method is that when the trademark application is rejected, not only a lot of manpower, material and financial resources are spent in the one-year use process, but a year's hard work is wasted, and the brand that is already in use has to be removed from the shelves or even Readjustment is undoubtedly a heavy blow to the business. Therefore, in terms of the remedy of rejection review, due to the large number of trademarks being put into use and the stable market relationship formed, they are often recognized by the Trademark Review and Adjudication Board. Therefore, even if the trademark is rejected in the trademark authorization stage, there is still a chance of victory in the confirmation stage. possible. Legal objectivity:

Article 33 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 and interested parties shall A person believes that the provisions of Paragraph 2 and Paragraph 3 of Article 13, Paragraph 1 of Article 15, 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 and Article 19, paragraph 4, of this Law have been 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.