Can I use copyright to oppose a trademark?

As long as you can provide sufficient evidence to confirm that your company's trademark design already enjoys copyright, and that the copyright exists earlier than the date of the relevant competitor's trademark registration application, the actual registration status of the copyright is not a decisive factor. Next, the editor of Legal Savior Network has compiled some relevant knowledge for your reference. Let’s take a look at the content.

1. Can you use copyright to object to a trademark?

If your company If the release date of the copyright you hold is earlier than the filing date of the target company's registered trademark, your company has the right to object or apply for cancellation of the trademark.

Copyright protection adopts a registration system, and copyright registration is usually only subject to formal review; therefore, as long as the design of the target trademark meets the formal requirements of copyright, it can Can successfully obtain registration qualifications.

If it is confirmed that the company's trademark is indeed plagiarism of an existing copyrighted trademark design, your company can file a complaint within the three-month period during the initial publicity stage of the trademark. Objection application, or wait until its entity registration is completed before initiating a cancellation application.

As long as you can provide conclusive evidence that your company's own trademark design has been protected by copyright, and you submitted the trademark registration application earlier than the other party, then it will not matter whether the copyright is registered or not. .

Article 31 of the Trademark Law"Application for trademark registration shall not damage the existing prior rights of others. ”, the “prior rights” include copyright.

2. Is it easy to pass the review of a rejected trademark?

The result has a higher probability of passing.

This mainly depends on the specific reasons for the rejection of the trademark.

Absolute reasons for a trademark being refused registration include prohibitions on trademark registration, etc., while relative reasons include conflicts between the trademark and existing trademark rights. factor.

For those trademarks that have been refused registration on absolute grounds, reexamination is generally not allowed. Even if a reexamination request is made, the possibility of approval is extremely slim.

If a trademark is refused registration due to relative reasons, the probability of passing the review will increase accordingly.

In this case, the Trademark Office should notify the trademark registration applicant in writing of the rejection of the application and the refusal to publish the application.

If the trademark registration applicant is dissatisfied and has objections, he may have the right to submit a reexamination application to the Trademark Review and Adjudication Board within 15 days from the date of receipt of the notice. .

After receiving the application, the Trademark Review and Adjudication Board shall make a decision within nine months and notify the trademark registration applicant in writing.

The above content is for reference only. If you need more detailed information, please consult professional legal institutions or individuals.