Trademark Objection
Trademark objection refers to the public’s objection to the trademark not being registered within the legal period to the Trademark Office within the statutory period against a trademark that has been initially reviewed and announced. That is to say, the Trademark Office is required not to approve the trademark registration after the expiration of the stipulated three-month opposition period. Definition
Trademark opposition is clearly stipulated in the Trademark Law and its implementing rules. It is a legal procedure for publicly soliciting public opinions on a preliminary trademark review. Its purpose is to conduct trademark rights confirmation fairly and openly and improve trademark registration. Review quality.
The scope of trademark objections is very wide, including that the initially approved trademark is identical or similar to the previously applied trademark, or that the initially approved trademark violates the prohibited provisions of the Trademark Law or the trademark is not distinctive. nature, and also includes applicants not having the qualifications to apply.
Anyone can file a trademark objection, that is, it can be a trademark registrant or a non-trademark registrant, it can be an enterprise, an institution, or an individual, or it can be a legal person, It can also be an unincorporated person.
The establishment of trademark opposition procedures aims to strengthen public supervision of trademark review work, reduce review errors, strengthen trademark awareness, and provide one-time protection to previously registered trademark owners and other interested parties. opportunity to protect their own rights and interests and prevent the occurrence of conflicts of rights. The opponent can be the registered trademark owner, the previous applicant for trademark registration and other interested parties, or any other citizen or legal person.
There are two main types of objections: one is that it is the same as or similar to a registered trademark; the other is that the trademark violates the prohibition clause. How to file a trademark objection?
Article 19 of the Trademark Law stipulates that anyone can file an objection to a preliminary approved trademark within three months from the date of announcement. The above provisions regulate four issues in raising trademark objections.
The first is to limit the object of objection. Objects to opposition include trademarks that have been preliminarily reviewed and announced by the Trademark Office and trademarks that have been rejected by the Trademark Office and ultimately decided by the Trademark Review and Adjudication Board to be reviewed and announced. This limitation indicates that objections cannot be raised against trademarks that have been initially approved but have not yet been announced, registered trademarks, and unregistered trademarks. The essence of this restriction is that for trademarks that have been preliminarily reviewed by the Trademark Office and have been finally determined by the Trademark Review and Adjudication Board to be reviewed and approved, the whole society will be consulted for opinions on whether the registration can be approved.
The second is to limit the time limit for raising objections to three months from the date of announcement. Objections cannot be raised against trademarks that have been initially approved but have not yet been announced, and trademarks that have been announced but have been announced for more than three months. This provision objectively ensures that trademark registration can be carried out normally and safeguards the interests of trademark registration applicants. It also allows those who want to raise objections enough time to obtain the trademark information announced in the preliminary examination.
Third, it stipulates that anyone can raise objections. ?Anyone? As an actor, it is the broadest concept in law, covering all organizations and individuals around the world, without exception. This provision fully reflects the respect for prior rights that conflict with the object of objection. It gives everyone who wants to raise objections to the object of objection the right to raise any objection they want. In practice, those who fail to exercise this right are those who fail to obtain information on the object of opposition in a timely manner and those who are unable to pay the trademark opposition fees or are unwilling to pay and cannot be granted free access.
The fourth is the regulation of the content of objections. Anyone can raise objections, indicating that there are no restrictions on the content of the objection. It can be understood that you can say whatever you want, which is the true meaning of "saying everything". It gives the greatest democracy to those who object to objections. The original meaning of the word "objection" is "different opinions", and in trademark objections, they are all objections. Without exception, they all advocate that the trademark announced in the preliminary examination should not be approved for registration.
In practice, the objections raised range from lack of distinctiveness in violation of Article 7 of the Trademark Law, to prohibition clauses in Article 8 of the Trademark Law, to conflicts with prior registrations and prior registrations. The applied trademark constitutes a similar trademark used on the same or similar goods, has the behavior of obtaining registration by deception or other unfair means as listed in Article 25 of the Implementing Rules of the Trademark Law, or violates the Anti-Unfair Competition Law ", improper trademark examination, until the "Paris Convention for the Protection of Industrial Property" should be complied with, etc.
The result of not limiting the content of trademark objections is that while giving maximum freedom of speech to those who raise objections, the difficult problem of ruling on objections is left to the Trademark Office and the Trademark Review and Adjudication Board.
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