How to identify similar trademarks and how to file objections
To determine whether trademarks are identical or similar, we should first determine whether the designated goods or services belong to the same or similar goods or services; secondly, we should consider the shape, sound, meaning and overall expression of the trademark itself. In other aspects, the general attention of the relevant public is used as the standard, and the method of overall observation and comparison of the main parts is adopted to determine whether the trademark marks themselves are the same or similar.
According to the provisions of Item (1), the determination of trademark identity or similarity shall be based on the following principles: (1) based on the general attention of the relevant public;
(2) both It is necessary to compare the overall trademark and the main parts of the trademark. The comparison should be carried out separately with the comparison objects isolated;
(3) To determine whether a trademark is similar, the distinctiveness and popularity of the registered trademark requested for protection should be considered.
How to file an objection application?
According to the provisions of our country's laws, the opposition period for a trademark is within three months from the date of announcement of a preliminary approved trademark. The date of trademark opposition application shall be based on the date of the application for a letter from the Trademark Office.
If the last day of the opposition period is a holiday, it can be extended to the first working day after the holiday. The trademark opponent must submit a "Trademark Objection Letter". The applicant for the opposed trademark, the product category, the date of the preliminary examination announcement of the trademark, the announcement issue number and the preliminary examination number must be clearly filled in in the book.
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