Snow: 18768899273

7*24 hours service hotline


Scan to add Us

Pinkeman Intellectual Property Consultants

Trademark registration, patent application Industry consultant, senior experience, platform guarantee, follow-up

PINKEMAN IP service ~~
Location: Home > Blog > IP News

US trademark objection procedure-US trademark objection processing case sharing

发布日期:2022-08-26  浏览次数:   信息来源:小编
The US trademark objection procedure is similar to the court litigation procedure, mainly in three stages: the objection stages, the discovery stage, and the trial stage.

Objury mention time: US trademark announcement period: within 30 days, you can also request the objection extension:

Trademark objection reason: Relatively Reasons: Causes confusion to apply for/register a trademark first or registered first but not registered in the first place;

Absolute reason: improper registration; descriptive trademark; universal name for commodities/services; /The origin and geographical source of the service mislead the public; lacks significant; with national names, flags, non -governmental organization badges, official marks, etc.; ABANDONMENT of the Mark; Fraud; DILUTION;

The U.S. trademark objection procedure is based on a real case of our agent ---- -What does the objection procedure performed without response by the objection.

The trademark of Zhigao Air Conditioning Company in 2020 encountered a stealing in the United States. ]
We monitored someone to apply for Chigo trademark in the United States and announced it, and then commissioned us to provide the trademark objection plan through the domestic agency; we briefly analyzed the situation of the trademark and gave the following opinions:

For the reason for the use of the trademark available:

1) LOC is approximately confusing: Customers registered the trademark in the United States first, the trademark has also been used in the United States, and and of. The registration and use date are earlier than the other party, and the commodity items are similar to each other;
2) Trademark dilution: Customers' trademarks are very well -known in Guangdong Province. The other party is in Shenzhen, Guangdong, and it is likely to know the brand of Chigo for a long time;

3) Non -real trademark owner: Who uses the trademark of the United States first is the trademark owner, the earliest use of the customer's trademark is earlier than the other party A lot;

4) The intention of useless use: The basis for the application of the other party's trademark is 1B-intentionally, according to the provisions of USPTO, the trademark used by intention needs to be used in good faith before applying for submission;

We believe that the probability of successful objection is high;

The customer adopted our objection plan and entrusted the objection procedure;

A. The trademark objection was submitted on 2019-12-12, and the objection party had a 40-day period to answer; [[[[[[[[[[ 123] b. The other party did not respond to the response period 2020-1-27 and the previous response, and the US trademark trial and appeal committee made a absence of trial on 2020-2-6;
c. If there are reasonable reasons, a complaint can also be performed within 30 days of receiving the absence of trial;

d. Trademark fails.

It can be seen through this case that trademarks were robbed in the United States and not terrible. Or the probability of taking the program to the end is not high, because the American trademark objection procedure is similar to the court litigation procedure. It is really reaching the provenation stage and the entire objection procedure will go on. Note, it is generally unwilling to spend a large price to deal with objection or revoke the procedure.
美国商标异议 If you have found that your trademark is robbed in the United States, you don't have to panic, let alone spend a lot of injustice to buy the trademark. Such a trademark application itself is very flawed. Bad defects still exist, which will affect the stability of trademarks. Therefore, in the case of this situation, actively mentioning trademark objections/cancellations on them, and applying for their own trademarks as soon as possible.