How to correctly exercise rights in the trademark registration process
1. Trademark rejection Review Procedure
The trademark applied for registration is reviewed by the Trademark Office Afterwards, if the application is considered to be in compliance with the relevant provisions of the Trademark Law, it will be preliminarily reviewed and announced; if it is deemed not to be in compliance with the relevant provisions of the Trademark Law, it will be rejected. If the party is dissatisfied, it may submit a review to the Trademark Review and Adjudication Board.
The Trademark Office’s review of a trademark registration application is an administrative act, and the accuracy of its conduct depends to a large extent on the examiner’s sense of responsibility and professionalism. level. Since trademark examination is highly subjective, it is difficult to unify the examination standards. Therefore, applicants should not give up easily after receiving a rejection notice from the Trademark Office, but should carefully study the reasons for rejection. If you think the reason is untenable, you should apply for review in a timely manner.
Reexamination requests should be submitted to the Trademark Review and Adjudication Committee of the State Administration for Industry and Commerce, which is established in accordance with the provisions of the Trademark Law and is an organization parallel to the Trademark Office. . In addition to being responsible for rejection review, the Trademark Review and Adjudication Board also accepts: ① review of the Trademark Office’s decision to reject the transfer application for a registered trademark; ② review of the Trademark Office’s objection ruling; ③ review of the Trademark Office’s cancellation of trademark registration review of the decision of the Trademark Office; ④ review of the Trademark Office’s decision to cancel an improperly registered trademark; ⑤ review of a registered trademark dispute raised by the prior trademark owner; ⑥ review of an application to cancel an improperly registered trademark, etc.
If a party is dissatisfied with the decision or ruling made by the Trademark Review and Adjudication Board, it can also file a lawsuit with the People's Court, which will make a ruling on the relevant case.
2. Objection procedure
For trademarks that have been preliminarily reviewed and approved, the Trademark Office will publish them in the "Trademark Announcement". This announcement is called the "Preliminary Approval Announcement" and is also a notification to trademark applicants. A trademark that has been preliminarily reviewed and announced does not mean approval. Registration, which means that the trademark applicant has not obtained the exclusive right to the trademark. The trademark will be approved for registration only if no one raises an objection within the announcement period or if there is an objection but it is ruled that the objection is not established.
The so-called objection is to put forward different opinions on the trademark that has been preliminary approved by the Trademark Office in accordance with the provisions of the Trademark Law, and request the Trademark Office to reject the registration application of the trademark. Since the announcement of the preliminary approval of the trademark Within 3 months from the date of the announcement, anyone can file an objection to the announced trademark. This objection procedure is mainly to solicit public opinions on the preliminary examination and approval of the trademark, implement social supervision of the trademark review work, and help to promptly correct the trademark review work. deviation.
As an applicant, it is normal for his trademark registration application to be opposed by others. The party concerned receives the objection notice from the Trademark Office and the other party’s After submitting the objection letter, you should carefully study the other party’s objection grounds and related facts. If you believe that the objection grounds do not exist, you can make a written reply within the specified time to refute the other party’s point of view and persuade the Trademark Office to approve the registration of your trademark.
As a registrant or an early applicant, you should also make full use of the opposition procedure to block the registration of a trademark that is unfavorable to you. When you find that the trademark applied for registration by others is different from your own, When a registered or previously applied trademark on the same or similar goods is identical or similar, the party concerned should file an objection with the Trademark Office within the opposition period to prevent its registration and protect its exclusive rights to the trademark.
3. Cancellation of a registered trademark
Registration of a trademark means that the trademark has been approved by the Trademark Office of the State Administration for Industry and Commerce in accordance with legal procedures. The registration is approved, that is, it is registered in the "Trademark Registration Book" set up by the Trademark Office and a "Trademark Registration Certificate" is issued to the trademark registrant; after the trademark is initially approved and announced, no one raises an objection during the objection period, or the objection is ruled not established. The trademark will be approved for registration. Once a trademark is approved for registration, the registrant will enjoy the exclusive right to the trademark. No one may use the trademark on the same or similar goods (services) or be similar to the trademark without the consent of the registrant. Trademarks.
However, for those trademarks that violate legal provisions, even if they have been registered, the parties can still apply for cancellation through legal procedures. According to the "Trademark Law" The procedures for canceling such trademark registrations are mainly disputed procedures and improperly registered trademark adjudication procedures.sequence.
The dispute procedure has strict restrictions on the qualifications for filing a dispute. Only the earlier trademark registrant can dispute the same or similar trademark registered later within the specified time. Disputes over identical or similar trademarks on goods. Disputes should be submitted to the Trademark Review and Adjudication Board, which will review the facts and reasons provided by both parties and make a decision to revoke or maintain the registration as appropriate.
The procedure for ruling on improper registration is stipulated in Article 41 of the Trademark Law. Except for content resolved by dispute procedures, other trademarks registered in violation of legal provisions will be You can apply to the Trademark Review and Adjudication Board for a ruling to cancel the registration through this procedure.
In addition to maintaining your own trademark rights during trademark registration, you must also be careful not to infringe on the trademark rights of others, such as registering a trademark using the name of another person's product as your own. Such situations often cause the other party to raise objections and easily lead to disputes. If you have any questions about trademark registration, please consult relevant professional lawyers. The Legal Savior Network also provides online lawyer consultation services. You are welcome to provide legal consultation.
