What should I do if my trademark is registered by someone else?

If the trademark has been registered, the other party's actions are in vain.

If the trademark has been used but has not been registered. This is bad faith squatting. You can file an opposition against someone else during the opposition period, or file a dispute within 5 years after someone else gets the registration certificate, and if the opposition or dispute is established, the trademark of the other person will be rejected, and the success rate of such opposition or dispute is relatively high.

Article 30: Any person may file an opposition to a preliminarily approved trademark within three months from the date of publication. 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.

Since the trademark has been registered by someone else, you do not have the exclusive right to use the trademark, and if you use it at will, it will cause infringement. At this time, there are generally two ways to solve the problem, one is to register a new trademark and no longer use the brand name. The second is to communicate with the trademark registrant, if the other party is willing to transfer the trademark to you, then you can continue to use it.

Is the trademark you are using registered by someone else?

If it is preemptively registered by others, you are infringing on the use of it, and others have the right to sue you. Otherwise, it is to wait for three years after the publication of the trademark, apply to the Trademark Office for cancellation of the trademark, referred to as "Cancellation 3", and submit to the Trademark Office the proof of your prior use of the trademark.

If a trademark is preemptively registered, measures may be taken to remove the trademark of the other party. There are two ways to divide the time period, and the objection during the announcement period. After the end of the announcement period, a dispute may be filed for revocation. However, there are certain conditions for determining the squaquatting.

1. If the trademark is not down, it can be objected to by the TRAB and reviewed by the TRAB.

A brand that you have worked so hard to create.

Trademark squatting can be remedied in the following ways:

1. If the preemptively registered trademark is in the preliminary examination announcement period, it can file an opposition 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; If the preemptively registered trademark is a well-known trademark, there is no time limit for filing an application for cancellation.

3. If the pirated trademark has not been used for a long time after registration, it may apply to the Trademark Office for cancellation on the grounds that it has ceased use for three consecutive years.

4. Re-register the trademark, and the trademark cannot be similar to the original trademark.

Legal basis] Article 3 of the Trademark Law, a trademark approved for registration by the Trademark Office is a registered trademark, including a commodity trademark, a service trademark, a collective trademark, and a certification trademark;

The trademark registrant enjoys the exclusive right to use the trademark and is protected by law. For the purposes of this Law, the term "collective trademark" refers to a sign registered in the name of a group, association or other organization for use by the members of the organization in commercial activities to indicate the user's membership in the organization.

For the purposes of this Law, the term "certification mark" refers to the use of goods or services by units or individuals other than the organization that is controlled by an organization that has the ability to supervise certain goods or services;

A mark that certifies the origin, raw materials, manufacturing methods, quality, or other specific qualities of the goods or services.

You can't do anything if your trademark is registered by someone else. Only nationally well-known trademarks are protected and are not allowed to be used in enterprise names.

This behavior is unfair competition (free-riding), and you can sue the other party to change your name.

Appeal to the Trademark Office to prove that you are the actual owner or user of the trademark, and if the appeal is unsuccessful, file a lawsuit.

Legal analysis]: If the trademark is registered by someone else, there are four ways to solve it. 1. If the preemptively registered trademark is in the preliminary examination announcement period, it may 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. Re-register the trademark, and the trademark cannot be similar to the original trademark; 4. If the pirated trademark has not been used for a long time after registration, it may file an application for cancellation with the Trademark Office on the grounds that it has "ceased to be used for three consecutive years".

Legal basisArticle 32 of the Trademark Law of the People's Republic of China shall not infringe upon the existing prior rights of others, nor shall it preemptively register trademarks that have been used by others and have a certain influence by improper means. 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 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 invalidation of the registered trademark 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 respondent is dissatisfied with the decision of the Trademark Review and Adjudication Board, 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.