Trademark

Why is my trademark objected by a trademark owner from a different category?

After you have received the official notice to approve your trademark registration, paid the registration fee, and obtained the certificate, there is chance that you may receive another official letter of dissent. We will look at the reason from the other party and find out why the trademark is objectionable even if it is from a different category.

The reason is very simple. Taiwanese trademarks have an “interactive search” or “cross-class search”. To put it simply, although there are 45 trademark categories, some goods or services are still related. For example, “retail wholesale” is in the 35th category, but the category you applied for falls into the 25th category, under “clothing”. When consumers think of retail and wholesale, they will naturally associate it with the category you applied for.

Therefore, in trademark application, apart from the categories that you wish to register under, you should also pay attention to other relevant categories. You may consider registering under them so that you can obtain maximum protection, and avoid giving others the opportunity to object your hard-earned trademarks.

On the other hand, don’t panic if your trademarks have been objected. We can check from the categories we apply for whether there are also so-called “cross-class” parts to respond to those who objected to you. Professional trademark agents can analyse how to respond accurately and effectively, and what kind of procedures and plans can protect your trademark rights.

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