| Trademark objection in China Nov 2018 |
| Trademark objection can be issued by anyone who thinks that a trademark that is announced after its initial review is a maliciously registration of the trademark of a prior user. The prior user can issue an objection to the trademark registration to the Trademark Office within three months after the announcement date. There are mainly two types of objections, namely similarity with registered trademarks and infringement of prohibition clauses. |
| Effects of trademark objection: |
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| When the Trademark Office review the trademark applications, it decides on whether the applied trademarks are in conflict with the trademarks that are registered or applied first. This procedure will be affected by the three factors explained below. |
| 1. Objective reason. The review process relies on information recorded in the trademark management system. The database is built upon manual entry and may contain errors. Also, the review process cannot retrieve all the similar trademarks because similarity may appear in a variety of forms. For example, the current program cannot detect trademarks with similar fonts. |
| 2. Subjective reason. Due to the difference in experience, knowledge base, and areas of specialization, different reviewers may come up with entirely different decisions regarding a similar case. |
| 3. The review work can only be conducted with the materials provided by the applicants. So, it mainly focuses on infringements of prohibition clauses and conflicts against prior trademarks. It is difficult to detect problems like damage of other’s other prior rights, registrations of trademarks that are used by others and contain certain influence etc. |
| Therefore, Trademark Office’s review work cannot ensure that all the trademarks that pass the initial review are in accordance with the law. The trademark objection mechanism enables further reviews on the objected trademarks. Trademarks that are not in accordance with the law cannot be registered. So, trademark objection is an effective supplement to the review work of the Trademark Office. |
| When a prior trademark holder regards a trademark passing initial review has infringed his/her rights, he/she can object to the registration of this trademark to protect the legal right. On the other hand, the law gives objected applicants a right to rebut the objection with relevant evidence. |
| Trademark objection not only increases transparency of the work of Trademark Office, but also enables trademark holders to defend his/her legal rights. The public can give opinions and suggestions to the review work of the Trademark Office through this mechanism to exercise their monitoring power. |
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