The role of trademark registration objections, Article 30 of the Trademark Law, for a preliminary approved trademark, anyone can file an objection within three months from the date of announcement. So what are the functions of trademark registration objections?

What are the functions of trademark registration objections?

(1) Positive effects

Trademark objections have three important functions:

1. Protect the interests of the prior trademark registrant;

2. Protect the right of prior application of the preliminary trademark examiner;

3. Prevent registered trademark applicants from obtaining undue trademark exclusive rights.

(2) Negative effects

1. From the perspective of system design, although the opposition procedure is not a procedure that every application for registered trademark must go through (according to statistics, the opposition procedure The number of trademarks is about 2% to 3% of the preliminary examination and announcement trademarks), but the opposition period is necessary from preliminary examination to approved registration. Even if no trademark opposition occurs, a trademark initially approved and announced will not be approved for registration until the expiration of the three-month opposition period, thereby extending the blank period in which the trademark is not protected by law.

2. The trademark being opposed may only be defective, and whether it can ultimately be approved for registration still needs to be reviewed by the relevant authorities. Judging from the actual situation of the Trademark Office’s opposition ruling work, less than 50% of the trademarks that have been ruled against registration are less than 50% of the entire opposition cases.

3. There may also be cases of malicious opposition, that is, using the trademark opposition procedure for improper purposes to prevent the timely registration of other people's trademarks.