What should I do if my trademark has been preemptively registered?

Legal basis: Article 45 of the "Trademark Law of the People's Republic of China" has registered a trademark that violates paragraphs 2 and 3 of Article 13, Article 15, Paragraph 1 and 3 of Article 16 of this Law. As stipulated in Articles 10, 31, and 32, within five years from the date of trademark registration, the prior right holder or interested party may request the Trademark Review and Adjudication Board to declare the registered trademark invalid. For cases registered in bad faith, the owner of a well-known trademark is not subject to the five-year time limit. Regarding the question of what to do if your trademark has been preemptively registered, the editor of Legal Savior Network will give you a detailed answer below.

1. What should I do if my trademark has been registered?

1. Opposition can be filed against a trademark that has not been approved for registration

Relief can be obtained by filing an objection against the squatter's application. According to my country's Trademark Law, a registered trademark must first undergo a preliminary review by the Trademark Office under the State Administration for Industry and Commerce. If it passes the review, it will enter the announcement period, which lasts for three months.

Be sure to always pay attention to the status of the trademark so that you can file an objection as soon as it is announced and start preparing evidence materials at the same time.

Entrepreneurs can file trademark objections to the National Trademark Office through a specialized trademark agency during these three months. The legal basis for the party being preemptively registered is Article 31 of the Trademark Law. Application for trademark registration shall not damage the existing prior rights of others, nor shall it preemptively register a trademark that has been used by others and has a certain influence by others through improper means. .

In addition, we would like to remind companies that have been preemptively registered that when filing a trademark objection, they must remember to file a trademark application in their own name at the same time, because even if the objection is successful, , it only invalidates the preemptive registration. You still need to apply for a trademark yourself.

2. A registered trademark can initiate cancellation procedures

If the preemptively registered trademark has passed the announcement period and has been registered, the entrepreneur can file a cancellation application with the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce in accordance with Article 41 of the Trademark Law.

The Trademark Law has a five-year limit on cancellation applications, that is, if a trademark has been registered for more than five years, it cannot be canceled on the grounds of preemptive registration. In addition, as for the Trademark Review and Adjudication Board’s ruling, if either party is dissatisfied , you can also file an administrative lawsuit with the Beijing No. 1 Intermediate People’s Court.

For the revocation of a registered trademark, it is also recommended that the person who has been squatted simultaneously files a trademark application so that You can obtain the trademark after the registered trademark is revoked.

Don't ignore the importance of trademarks. A successfully registered trademark can bring you huge profits. Gains, but unregistered trademarks can also bring you huge losses.

2. Which trademarks cannot be registered?

The following signs cannot be used as trademarks:

1. Identical or similar to the country name, national flag, national emblem, military flag or medal of the People's Republic of China, or the same name as the name of a specific place where the central state agency is located or the name or figure of a landmark building ;

2. Identical or similar to the country name, national flag, national emblem, or military flag of a foreign country, except with the consent of the government of that country;

3. Identical or similar to the name, flag, or emblem of an intergovernmental international organization, except with the consent of the organization or if it is not likely to mislead the public;

4. Identical or similar to the official mark or inspection mark indicating the implementation of control and guarantee, except for authorized ones;

5. Identical or similar to the names and symbols of “Red Cross” and “Red Crescent”;

6. Ethnicly discriminatory;

7. Exaggerated and deceptive propaganda;

8. Harmful to socialism Morals or other adverse effects.

Place names of administrative divisions at or above the county level or foreign place names known to the public shall not be used astrademark. However, exceptions are made where place names have other meanings or are part of collective trademarks or certification marks; registered trademarks using place names will continue to be valid.

Currently, a large number of registered trademarks are not actually used. This in itself is a waste of resources and will also cause others to pay unnecessary costs to avoid duplication or similarity of trademarks. The implementation of the new trademark law will put an end to malicious registration and, to a certain extent, reduce the number of new “sleeping” trademarks. Facts have proven that only by impeccably protecting trademark rights through law can trademarks further return to their original role as resources and be put to their best use.

I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior Network to consult a professional lawyer.