What is a trademark dispute?

In practice, many of us may come across issues such as what is a trademark dispute, but because we don’t know much about it, many things are not very clear. Regarding this issue, the editor of Legal Savior Network has compiled the following knowledge points. Let’s learn about it together.

What is a trademark dispute

Trademark dispute refers to a dispute over a registered trademark A dispute is a dispute over trademark rights between two registered trademark owners because the two trademarks are identical or similar. The essence of the trademark dispute is that the disputer believes that the later-registered trademark conflicts with its earlier-registered trademark rights, that is, it is identical or similar to its earlier-registered trademark on the same or similar goods, or has caused consumption in the market. The person misunderstood the trademark, and therefore proposed to limit the scope of goods for which the trademark is used or to cancel the trademark registration.

Applying for a trademark dispute must meet the following three conditions: the person applying for dispute must be the trademark registrant, and the trademark standard registration date precedes the trademark standard of the disputed party The date of registration; the goods approved by the two registered trademarks in dispute must be the same kind of goods or similar goods; the graphics, text or combinations of the approved registered trademarks in the two disputed registered trademarks must be the same or similar.

Review Process

The object of trademark dispute must be a trademark that has been registered for less than five years (except for malicious registration). However, for a trademark that has been opposed and adjudicated before registration is approved, no further application for dispute adjudication is allowed based on the same facts and reasons. If there are new facts and reasons, you can also apply for a dispute ruling. The trademark dispute review procedure is as follows: The applicant must submit two copies of the "Registered Trademark Dispute Ruling Application" to the Trademark Review and Adjudication Board in accordance with the provisions of the Trademark Law and its Implementing Rules, and put forward the reasons for the dispute. The Trademark Review and Adjudication Board will hand a copy of the "Registered Trademark Dispute Ruling Application" to the disputed party and provide a reply within a time limit. The defense shall be in writing. When necessary, both parties to the dispute may be required to make a public defense.

Dispute Ruling

The Trademark Review and Adjudication Board fully heard both parties reasons and facts, based on facts and legal regulationsA decision will be made. If the reason for the dispute is established, the disputed trademark will be revoked; if the reason for the dispute is not established, the disputed trademark will be maintained.

The final decision of the Trademark Review and Adjudication Board shall be sent in writing to both parties to the dispute and the Trademark Office. If a trademark is revoked, the disputed party shall return the Trademark Registration Certificate within a time limit, and the Trademark Office will handle the procedures and make an announcement.

The above is the relevant knowledge about "What is a trademark dispute" compiled by Hualu editor for you. This website provides you with professional lawyer consultation. If If you have any questions, please visit the Legal Savior website for consultation.