How can the parties get back the trademark that has been preemptively registered?

Trademarks have economic value. Both brands and other companies will attach great importance to designing trademarks and will register their own designed trademarks so that they truly belong to them and can enforce the laws related to trademark rights. So, how can the parties get back the trademarks that have been preemptively registered? The editor of Legal Savior Network will tell you the relevant knowledge in detail.

How can the parties get back the trademarks that have been preemptively registered?

1. Submit a request to the Trademark Office for the trademarks announced in the preliminary review Objection

According to Article 33 of the Trademark Law, “With respect to a trademark announced in the preliminary examination, any person may file an objection within 3 months from the date of announcement. ." If malicious preemptive registration of a trademark is discovered in time during the preliminary review and announcement period of the trademark, you can file an objection with the Trademark Office and request that the Trademark Office disapprove the registration.

2. Submit a dispute to the Trademark Review and Adjudication Board regarding a registered trademark

According to the Fourth Paragraph of the Trademark Law Article 15 stipulates that if the right holder believes that his trademark has been preemptively registered by others in bad faith, he may apply to the Trademark Review and Adjudication Board for cancellation. Company A can apply to the Trademark and Trademark Review and Adjudication Board for a ruling to revoke Company B’s registered trademark A, and at the same time apply for re-registration of trademark A.

Of course, it is still very difficult to cancel Company B’s trademark, and even if it succeeds, it will waste a lot of time. At this time, there is another way, which is to ask Company B to transfer the trademark and ask Company B to transfer the trademark again or let Company B authorize the trademark to be used by itself.

Company A made this trademark popular, gained recognition from consumers, and the market opened up. However, just because of an oversight, company B took advantage of the loophole. After the company's trademark expires, Company B registers it again. In theory, Company B is not at fault.

Trademark squatting can be remedied in the following ways:

1. If the squatted trademark is in the preliminary review During the announcement period, you can file an objection with the Trademark Office.

2. If the registered trademark has been approved for registration, you can apply to the Trademark Review and Adjudication Board for cancellation within five years after the trademark is registered; if the registered trademark belongs to For well-known trademarks, there is no time limit for filing a cancellation application.

3. If the preemptively registered trademark has not been used for a long time after registration, you can apply to the Trademark Office for cancellation on the grounds of "stopping use for three consecutive years."

4. When re-registering a trademark, the trademark cannot be similar to the original trademark. As for the popularity of the trademark, you don’t have to worry about it. As long as the product quality is good and you pay attention to publicity and promotion, you can still achieve good sales. A trademark does not necessarily have to correspond to a business name.

If you are still interested in knowledge about squatted trademarks and want to have a more in-depth understanding, you can click on the online consultation system on the Legal Savior website to ask a lawyer.