How to deal with a trademark that has been preemptively registered

my country’s Trademark Law stipulates that applying for Trademark registration must not damage the existing prior rights of others, Nor use unfair means to preemptively register a trademark that is already used by others and has a certain influence. What measures can be taken when a trademark has been preemptively registered: When the preemptively Registered Trademark enters the preliminary approval announcement, raise an Objection. Regarding the issue of how to handle a trademark that has been preemptively registered, the editor of Legal Savior Network will give you a detailed answer below.

1. How to handle a trademark that has been registered

1. my country's trademark The law stipulates that when applying for Trademark Registration, you must not damage the existing prior rights of others, nor use unfair means to preemptively register a trademark that is already used by others and has a certain influence. What measures can be taken when a trademark has been preemptively registered: When the preemptively registered trademark enters the preliminary approval announcement, raise an objection.

2. Legal basis: Article 44 of the Trademark Law of the People's Republic of China. A registered trademark violates Articles 10 and 11 of this Law. Article 12, or if the registration is obtained 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. When the Trademark Office makes a decision to declare a registered trademark invalid, it shall notify the parties concerned in writing.

2. What is the appeal process for trademarks registered by others

1. The trademark is in the registration process

① File an objection: When someone else applies to register a company trademark first, you can raise an objection within 3 months of the preliminary review announcement period of the other party's registered trademark, and submit your own company's use of the trademark. Evidence.

2. The trademark has been preemptively registered

①Invalid application: According to the "Trademark Article 45 of the Law stipulates that if the other party has maliciously registered a trademark, the prior right holder can apply to the Trademark Review and Adjudication Board to declare the trademark invalid within five years from the date of trademark registration. If it is a well-known trademark, it will not be subject to time. Constraints.

② Cancellation application: If someone has not used the trademark for three years after malicious registration, they can apply to the Trademark Office to cancel the trademark.

③Judicial prosecution: You can go to court to file legal proceedings against malicious squatters.

④Private negotiation: The case for filing an objection is when the trademark is relatively well-known. It will be easier to succeed if the trademark value is very important to the company, you can only negotiate the purchase and transfer first.

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