According to Quan Dun's analysis, the trademark objection procedure is not intended to deliberately suppress the registrant of the trademark, but to give full play to the public's supervision function of trademark confirmation by the Trademark Office, and at the same time prevent malicious cybersquatting and other irregularities. The legal time limit for trademark objection is within 3 months from the date when the trademark is published in the trademark announcement. Subsequent objection applications will not be accepted.
I. Reasons for Trademark Objection
Quandun reminds you that when you file an application for trademark objection, you must clearly state which provision of the Trademark Law the trademark specifically violates, and submit the corresponding evidence documents. China's Trademark Law clearly stipulates that the reasons for objection are divided into relative reasons and absolute reasons.
The relative reason of trademark objection refers to that the trademark damages the prior rights or legitimate interests of others, including infringing on the protection of well-known trademarks, abusing geographical indications, preempting other people's trademarks, being the same as or similar to the prior trademarks, etc.
The absolute cause of trademark objection refers to the violation of the prohibition of use or registration in the Trademark Law, including the prohibition of use of marks and three-dimensional marks that are not significant and functional.
Second, the subject qualification of trademark objection
For the objection subject with absolute reasons, anyone should be allowed to raise objections on the basis that trademarks may infringe on public interests and market competition order. For the objection subject of relative reasons, because the trademark may infringe the private rights of a specific third party, according to the principle of right relief and private rights disposal, the prior obligee and interested party should be allowed to raise objections accordingly.
Direct interests can be understood as a considerable causal relationship between trademark registration and damage to the legitimate interests of the parties. Quan Dun reminds enterprises to pay special attention to the fact that the consequences of actual damage are not a prerequisite for raising objections. The parties only need evidence to prove that the trademark may damage their prior rights or legitimate interests, and they can become legally qualified objection subjects.
III. Formal Requirements for Trademark Objection Application
If a party raises an objection to the preliminary examination and approval of a registered trademark, it must apply in writing. The application materials mainly include an objection application, clear reasons, facts and legal evidence, the subject qualification certificate of the objector, relevant evidential materials and a trademark agency power of attorney.
Quan Dun reminded that if an enterprise wants to entrust a trademark agency, it must entrust a professional intellectual property agency, and correctly fill in the name of the agency in the "name of the objection agency" column of the objection application, which will be signed and sealed by the agent.
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