The difference between trademark opposition and trademark dispute:
1. The two are essentially different: the essence of a trademark dispute is a special protection measure for the previous registrant of a registered trademark; the essence of a trademark objection is a social objection to a preliminary approved trademark. This includes objections from owners or earlier applicants who use the same or similar registered trademark on the same or similar goods (or services).
2. The content of the two is different: the content of the dispute is a dispute over rights; while the content of the objection is only an objection to the preliminary approved trademark.
3. The filing time is different: the dispute is filed within one year after the disputed trademark is approved for registration, that is, the trademark registration certificate is issued; while the objection is filed after the preliminary review, that is, within one year The application shall be filed within three months of publication in the Trademark Announcement.
4. The application entities are different: the disputant is specific, that is, it must be the prior registrant; while the opponent is not specific and can be any agency, group, or Enterprises or individuals, including prior registrants.
5. Different reasons: the dispute must be raised because the disputed trademark is identical or similar to the trademark of the disputed applicant on the same or similar goods (or services); In addition to the above reasons, objections may also include violations of prohibited clauses or other provisions stipulated in the Trademark Law.
6. Different handling agencies: trademark disputes are submitted directly to the Trademark Review and Adjudication Board; trademark objections are submitted to the Trademark Office. If you are dissatisfied with the Trademark Office's ruling, you may submit a review to the Trademark Review and Adjudication Board within fifteen days of receiving the notice.
7. There is no fee for trademark objections. However, review fees are required for product disputes.
Trademark dispute refers to the trademark registrant’s dispute over the trademark registered by others later on the same goods (or services) or similar goods (or services). A legal act in which disputes arise over prior trademarks that are identical or similar. The above is the relevant knowledge about the above issues compiled by Hualu editor for you. This website provides you with professional lawyer consultation. If you have any questions, you are welcome to enter the Legal Savior Network for consultation.
