What is the difference between trademark opposition and trademark dispute
1. The two are essentially different: the essence of trademark dispute is a dispute over a registered trademark A special protection measure for prior registrants; trademark opposition is essentially a social objection to a preliminary approved trademark, including owners or prior applicants who use the same or similar registered trademark on the same or similar goods (or services) human objections.
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 five years after the disputed trademark is approved for registration, that is, the trademark registration certificate is issued; and the objection is filed after the preliminary review, that is, within five years 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; 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 disputed applicant's trademark 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 filed directly with the Trademark Review and Adjudication Board; trademark objections are filed with 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.
Characteristics of trademark objections:
1. Rights protection objection, which considers that the preliminary approval of the trademark and the registration The earlier or earlier applied for trademarks are identical or similar;
2. Social objection, it is considered that the preliminary reviewThe specified trademark violates the prohibition clauses or other provisions of the Trademark Law.
Characteristics of trademark disputes:
1. The applicant must be the previously registered trademark registrant ;
2. The time for filing a dispute is within five years after the disputed trademark is approved for registration;
3 .The approved use scope of the two disputed registered trademarks must involve the same kind of goods (or services) or similar goods (or services);
4. The disputed It is possible that the approved words, graphics or combinations of the two registered trademarks are the same or similar;
5. The disputed trademark was not registered in the same way before it was approved for registration. The reasons have been challenged but have not been adjudicated.
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, Welcome to the Legal Savior Network for consultation.
