What Should We Do When The Trademark Is Challenged?

China's trademark law stipulates that if a interested party considers that a trademark with a preliminary approval announcement infringes on its prior rights, it may apply to the Trademark Office for objection within 3 months from the date of the preliminary verification announcement, and requests the Trademark Office to rule that the trademark shall not be approved for registration.

There is an inseparable correlation between trademark objection and trademark registration. It is very common to raise objections during the preliminary approval period. In addition, there will be problems of correction and rejection in the application for trademark registration. These problems need to be solved by experienced and highly professional agencies.

Case: objection AUCMA AOTM Limited by Share Ltd objected to the Trademark No. 9049531st of the East Ling Tong Intellectual Property Agency (hereinafter referred to as the "disputed trademark").

The dissenters considered that the Trademark No. 3348174th AUCMA AUCMA, which was first registered, is a well-known trademark (hereinafter referred to as the citation mark), which has a high reputation and influence.

Disputed trademarks and quoted trademarks constitute similar trademarks used on similar services, which constitute the duplication and imitation of the dissenters' trademarks. The registration and use of the disputed trademarks are likely to constitute consumers' confusion and misrecognition, so they should not be approved for registration.

Beijing Dong Ling Tong Intellectual Property Agency Service Co., Ltd. believes that the registration and use of objected trademarks do not infringe the rights of dissenters to well-known trademarks.

Disputed trademarks and citation trademarks do not constitute similar trademarks in the sense of trademark law.

"AOTM" specifies the use of services as the thirty-fifth category: "advertising; franchising business management; business management assistance; outdoor advertising; search for sponsorship".

The dissenter quoted 3348174th registered AUCMA AUCMA trademark as the thirty-fifth category.

"Advertising agency" and so on.

The Chinese character part of "AOTM" is "

The dissenter cited the trademark "AUCMA" as the Chinese character.

The first and last words of the two trademarks are the same. The middle part is "special" and "Ke". Their characters, calls and meanings are different. Therefore, the trademarks of the two sides are different from each other in terms of word composition, call, meaning and so on, and they do not constitute similar trademarks which are used on the same or similar services.

Accordingly, the trademark office considers that the registration and use of objection trademarks will not result.

Confusion and misidentification, dissenting persons are copied by the trademark of "AOTM" and imitation of its well-known trademark.

And according to the thirty-third provision of the Trademark Law of the People's Republic of China, the reason for objection is not established. The trademark "9049531st AOTM" is approved and registered.

If you go to register a trademark or give it to a less professional agency to register a trademark, if you encounter objection or dismissal, you will often be overruled because of the reasons for your defense, or if you fail to reply in time, you will not approve the registration of the trademark.

Therefore, when choosing an agency, a trademark registrant must consider the professional quality, agency ability and professional ethics of the agency, and select a professional trademark agency to act as a registered trademark.