Trademark disputes are a series of measures taken to eliminate registration barriers or to remove malicious and imitation trademarks.
The types of trademark disputes mainly include trademark opposition applications, opposition resolutions, non-registration review, trademark cancellation, cancellation defense, cancellation review, cancellation review defense, invalidation, invalidation defense, cross-examination, analysis of the aforementioned cases, etc.
OPPOSITION
The prior right owner or any interested party may, within three months from the date of publication, oppose against a preliminarily approved trademark. If the Trademark Office makes a decision to approve the application for registration of the trademark, a certificate of trademark registration shall be issued and the trademark shall be published. If the opponent party dissatisfies with the decision, he may, request the Trademark Review and Adjudication Board to declare the registered trademark invalid.
If the opposed party dissatisfies with the decision made by the Trademark Office for not approving the application for registration of trademark, he may, within fifteen days from receipt of the notification, apply for review to the Trademark Review and Adjudication Board. If the opposed party is dissatisfied with the decision of the Trademark Review and Adjudication Board, he may, within thirty days from receipt of the notification, institute legal proceedings with the people's court. The people's court shall notify the opponent party to participate in the legal proceedings as the third party.
INVALIDATION
Where a registered trademark belongs to the unregistrable trademarks or prohibited trademarks, or registration was obtained by fraud or any other unfair means, the Trademark Office shall declare the registered trademark invalid and any organization or individual may request the Trademark Review and Adjudication Board to make an adjudication to declare such a registered trademark invalid.
The prior right owners or any interested party may, within five years from the date of registration, request the Trademark Review and Adjudication Board to make an adjudication to declare the registered trademark invalid in the flowing cases:
- the registered trademark has been obtained by the agent or representative of the original trademark owner without authorization; or the trademark for which a registration is applied is identical or similar to an early used trademark of another party that is not registered, in respect of the same or similar goods, and the applicant being of contract, business or other relationship except those mentioned above, is fully aware of the existence of the trademark owned by the other party;
- the registered trademark consists of or contains a geographical indication in respect of goods not originating in the region indicated, to such an extent as to mislead the public, unless such registrations were made in good faith;
- the registered trademark is identical with or similar to a trademark of another person that has been registered or applied for registration in respect of identical or similar goods, - the registered trademark is of such a nature as to infringe the existing earlier right of another person or
- the registered trademark is identical with a trademark which has been used by another person and enjoys certain reputation, and the registration was obtained by unfair means.
Where the registration has been made in bad faith, the owner of a well-known trademark shall not be bound by the five-year time limit.
If any party is not satisfied with the decision made by the Trademark Review and Adjudication Board, he may institute a legal action in court within 30 days from receipt of the notification.
CANCELLATION
If a registered trademark has become a generic name of its designated goods or has not been used for three consecutive years without justified reasons, any entity or individual may request the Trademark Office to cancel the registered trademark.
Use of a trademark includes its use on goods, packages or containers, or in trading documents, advertising, exhibition or other business activities.
If the trademark owner is dissatisfied with the decision of the Trademark Office to cancel the trademark application, he may apply to the Trademark Review and Adjudication Board for review within 15 days from the date of receipt of the decision.