According to the provisions of the Trademark Law, trademark rights holders can choose the following two legal channels to assert their rights:
(1 ) File an objection to the Trademark Office against a trademark announced in the preliminary examination
According to Article 30 of the Trademark Law, “For a trademark announced in the preliminary examination, 3 days from the date of announcement Within three months, anyone can file an objection." If the rights holder believes that his or her trademark has been maliciously preempted by others to apply for registration, if it is discovered in time during the preliminary review and announcement period of the trademark, he or she can file an objection to the Trademark Office and request that the Trademark Office disapprove it. register.
(2) File a dispute with the Trademark Review and Adjudication Board regarding a registered trademark
According to Article 1 of the Trademark Law Article 41 stipulates that if the right holder believes that his or her trademark has been preemptively registered by others in bad faith, he or she may apply to the Trademark Review and Adjudication Board for cancellation within 5 years from the date of registration of the trademark.
When applying for objection or dispute or claiming rights to the Trademark Office or Trademark Review and Adjudication Board, the parties should state their reasons in conjunction with the constituent elements of trademark squatting analyzed above. , provide corresponding evidence. These evidences should focus on two aspects: On the one hand, it is evidence that the trademark registrant has subjective bad faith, such as the purchase and sale contracts and correspondence between the two parties related to the disputed trademark, and the trademark registrant’s request for unreasonable fees from the right holder. Written evidence of high "trademark transfer fees"; on the other hand, evidence of the right holder's prior use and promotion of the disputed trademark, such as the entrustment contract and corresponding documents between the right holder and the trademark design and trademark logo printing unit, the relevant trademark Advertising production and publishing contracts, newspapers and magazines publishing trademark advertisements, purchase and sale contracts and invoices for trademarked goods, etc.
It should be noted that when submitting application documents to the Trademark Office or Trademark Review and Adjudication Board, the parties should meet the prescribed requirements. For example, objections and dispute ruling applications should be submitted within the time limit specified by law, and relevant evidence materials should be submitted as soon as possible within the time limit. In order to obtain strong support for their claims, parties concerned should try their best to submit evidence with higher credibility, such as official documents produced by state agencies in accordance with their powers, documents produced by specializedHistorical archives maintained by the organization, promotional materials related to trademarks published in influential news media, etc.
