Now trademark registration is getting more and more difficult, and many names sent by applicants have already been registered. Many applicants will say, this is not good, this name is already in use and cannot be changed. There are also some cases where the applicant has registered, but the protection is not perfect. When clients want to register for an additional category, someone has already registered.
So, what are the solutions when a trademark is squatted?
Trademark opposition means that the prior right holder or interested party believes that the trademark announced by the Trademark Office is not legal, and submits an opinion that the trademark should not be registered within 3 months from the date of publication. If the reasons for the opposition are sufficient, the trademark that was initially approved will not be registered.
Article 44 of China's Trademark Law stipulates that, if a registered trademark violates the provisions of Articles 10, 11 and 12 of this Law, or is registered by deception or other improper means, the Trademark Office shall declare the registered trademark invalid; other units or individuals may request the Trademark Review and Adjudication Board to declare the registered trademark invalid. A registered trademark declared invalid in accordance with the provisions of Articles 44 and 45 of the Trademark Law shall be announced by the Trademark Office, and the exclusive right to use the registered trademark shall be deemed to have never existed.
Article 49 of China's Trademark Law stipulates that, if a registered trademark is not used for three consecutive years without justifiable reasons, any unit or individual may apply to the Trademark Office for revocation of the registered trademark, commonly known as "withdraw three". If the use evidence is not provided within the time limit or the evidence is invalid, the Trademark Office will revoke its registered trademark.
Neither the decision of the Trademark Office nor the decision of the Trademark Review and Adjudication Board is the final result. Applicants who are not satisfied with the review decision may file a lawsuit with the Beijing Intellectual Property Court to safeguard their legitimate rights and interests.
The above procedures are set up, on the one hand, to strengthen the public's supervision of the trademark examination work and reduce the mistakes in the examination work. On the other hand, strengthen trademark awareness, give prior rights holders and other interested parties an opportunity to protect their rights and interests, and prevent the occurrence of future conflicts of rights.
If your trademark rights are infringed, try to protect your rights by legal means: (1) If the other party's trademark has not been certified, an objection will be raised during the announcement period. (2) The other party has obtained the trademark certificate and filed an invalidation declaration. (3) The other party's trademark has been registered for three years, and can requested to withdrawn three. (4) Court sued.
Trademark protection is not a simple matter. If the company does not have the awareness of brand protection at present, the best way is to make changes and register for protection early. The company has registered a trademark, but it is rubbed by others to gain its popularity, so it needs a more perfect layout. Intellectual property protection is not easy, brand development is not easy, and it is worth fighting to the end.