How to reclaim a trademark that has been preemptively registered by someone else

File a trademark opposition during the trademark opposition period when someone else has registered the trademark. Buying a trademark that has been preemptively registered by someone else.

Legal analysis: The handling methods for preemptively registering a trademark by others are as follows: 1. If the preemptively registered trademark is in the preliminary examination announcement period, it can file an objection with the Trademark Office.

2. If the preemptively registered trademark has been approved for registration, an application for cancellation may be filed with the Trademark Review and Adjudication Board within five years after the registration of the trademark. 3. If the preemptively registered trademark is a well-known trademark, there is no time limit for filing an application for cancellation.

Legal basis: Article 33 of the Trademark Law of the People's Republic of China.

Within three months from the date of publication, the prior right holder or interested party may file an objection with the Trademark Office if it believes that it violates the provisions of Paragraphs 2 and 3 of Article 13, Paragraphs 2 and 3 of Article 15, Paragraph 1 of Article 16, Article 30, Article 31 and Article 32 of this Law, or any person who believes that it violates the provisions of Articles 4, 10, 11, 12 or 4 of 19 of this Law. If there is no objection at the expiration of the announcement period, the registration shall be approved, the trademark registration certificate shall be issued, and the announcement shall be made.

Legal Analysis: A trademark that has been preemptively registered by others can be recovered. If the trademark is still in the registration stage, that is, the preemptive registration has not yet been completed, the trademark owner may directly raise an objection within the time limit for the preliminary examination announcement by the Trademark Office, and if it is found to be true after examination, the Trademark Office will reject the registration application of the preemptive.

If the preemptive registration has been successful, the party concerned may request the Trademark Review and Adjudication Board to declare the registered trademark invalid.

Legal basis: Trademark Law of the People's Republic of China Article 35 Where an objection is raised against a trademark that has been preliminarily approved and announced, the Trademark Office shall hear the facts and reasons stated by the objector and the objectee, and after investigation and verification, make a decision on whether to grant the registration within 12 months from the date of the expiration of the announcement, and notify the objector and the objectee in writing. If there are special circumstances that need to be extended, it can be extended for six months with the approval of the administrative department for industry and commerce.

If the Trademark Office makes a decision to approve the registration, it shall issue a trademark registration certificate and make a public announcement. If the objector is not satisfied, it may apply to the Trademark Review and Adjudication Board for a declaration that the registered trademark is invalid in accordance with the provisions of Articles 44 and 45 of this Law. If the Trademark Office makes a decision not to register, and the objector is not satisfied, it may apply to the Trademark Review and Adjudication Board for review within 15 days from the date of receipt of the notice.

The Trademark Review and Adjudication Board shall, within 12 months from the date of receipt of the application, make a decision on the reexamination and notify the objector and the objectee in writing. If there are special circumstances that need to be extended, it can be extended for six months with the approval of the administrative department for industry and commerce. If the objectee is not satisfied with the decision of the Trademark Review Committee, it may file a lawsuit with the people's court within 30 days from the date of receipt of the notice.

The people's court shall notify the objector to participate in the litigation as a third party. In the course of conducting a review in accordance with the provisions of the preceding paragraph, the Trademark Review and Adjudication Board may suspend the examination if the determination of the prior rights involved must be based on the outcome of another case being heard by the people's court or handled by the administrative organ. After the reasons for the suspension are eliminated, the review procedure shall be resumed.

Legal analysis: The way to deal with a trademark after it is preemptively registered by others is to remedy it by filing an opposition to the pirate's application; An application for trademark registration shall not infringe upon 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 improper means.

Legal basis: Trademark Law of the People's Republic of China

Article 42 Where a registered trademark is transferred, the assignor and the assignee shall sign an assignment agreement and jointly submit an application to the Trademark Office. The assignee shall guarantee the quality of the goods using the registered trademark.

In the case of the transfer of a registered trademark, the registrant of the trademark shall transfer the similar trademark registered on the same goods, or the same or similar trademark registered on similar goods.

For assignments that are likely to cause confusion or have other adverse effects, the Trademark Office will not approve the assignment and notify the applicant in writing and explain the reasons.

After the transfer of the registered trademark is approved, it shall be announced. The assignee shall have the exclusive right to use the trademark from the date of publication.

Article 43 A trademark registrant may license others to use its registered trademark by signing a trademark license contract. The licensor shall supervise the quality of the goods in which the licensee uses its registered trademark. The licensee shall guarantee the quality of the goods using the registered trademark.

If the registered trademark of another person is used with permission, the name of the licensee and the place of origin of the goods must be indicated on the goods using the registered trademark.

If the licensor licenses others to use its registered trademark, the licensor shall report the trademark license to the Trademark Office for the record, which shall make a public announcement. The use license of commercial rubber high standard shall not be used against a bona fide third party without filing.

What should I do if my trademark is preemptively registered by someone else? Is there a way to get it back? Today, I will tell you about the trademark that has been preemptively registered, what to do, and how to change the law to get it back?

1. Submit a dispute to the Trademark Office for permission to the trademark. The premise of the dispute is that the brand promotion time must be presented before the time when the trademark was registered in China.

For example, before the trademark was preemptively registered, it was used to write the brand's invoices, purchase orders, etc., as well as advertising brochures. Moreover, the brand has enjoyed a certain degree of popularity in China and internationally. If the above conditions are not met, the possibility of winning the dispute is small, and China implements the principle of prior application.

2. Submit to the Trademark Office the cancellation of the domestic pirated trademark for three years. Prerequisite: The trademark has been registered for three years and the trademark has not been used for three years.

According to the provisions of the Trademark Law, a trademark that has not been used after three years of registration may apply for cancellation on the grounds of cancellation of the non-use for three years, and if the trademark registrant fails to provide evidence of use within the specified time limit, it will be revoked. 3. Re-register the trademark, and the trademark cannot be similar to the original trademark.

As for the popularity of the trademark, there is no need to worry about it, as long as the product is the best and pay attention to the publicity and promotion, you can also achieve good sales. A trademark does not have to correspond to a trade name. 4. If the above two conditions are not met, and the trademark must be used in China, it must be transferred back.

There's no way around it. Trademark squatting.