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What is the application for trademark objection?

Shulou Source: shulou.com Published: 2022-06-02 01:52:27 09月30日 Update

What this article shares with you is about what the trademark objection application is. The editor thinks it is very practical, so I share it with you. I hope you can get something after reading this article. Without saying much, let's take a look at it with the editor.

Trademark objection means that when the Trademark Office rejects the application for trademark registration, the applicant may, within a certain period of time, request the Trademark Office to refuse to register the trademark through others, in order to protect the interests of the pre-registrant of the trademark.

Trademark objection is a legal procedure stipulated in the Trademark Law to solicit public opinions on the preliminary approved trademark. Anyone who has different opinions on the preliminary approved trademark may submit an application for objection to the Trademark Office within 3 months from the date of the preliminary examination and announcement.

Trademark objection is clearly stipulated in the Trademark Law and its implementation rules, and the legal procedure of soliciting public opinions on the preliminary examination of trademarks is aimed at impartially and openly confirming the rights of trademarks and improving the quality of trademark registration examination.

The scope of trademark objection is very wide, including not only that the preliminary approved trademark is the same or similar to the applied trademark, but also that the preliminary approved trademark violates the prohibited provisions of the Trademark Law or that the trademark is not significant. It also includes that the applicant is not qualified to apply.

The person who raises the trademark objection can be anyone, that is, it can be either a trademark registrant or a non-trademark registrant, an enterprise, an institution, an individual, a legal person or a non-legal person.

The purpose of the establishment of the trademark objection procedure is to strengthen the public supervision over the trademark examination work, reduce the mistakes in the examination work, strengthen the trademark awareness, and give the registered trademark owners and other interested parties an opportunity to protect their own rights and interests. Put an end to the occurrence of rights conflicts. The dissenting person may be the owner of a registered trademark, an interested party such as the applicant for trademark registration, or any other citizen or legal person.

There are mainly two kinds of objections: one is the same or similar to the registered trademark, and the other is that the trademark violates the prohibition clause.

The above is what the trademark objection application is, and the editor believes that there are some knowledge points that we may see or use in our daily work. I hope you can learn more from this article. For more details, please follow the industry information channel.

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