Global IP Report
As more enterprises complete overseas trademark registration and expand their global
market layout, overseas trademark objection has become a common "roadblock" in the
process of brand rights protection. Many enterprises mistakenly believe that their trademark
application will be smoothly registered once it passes the preliminary examination. In fact,
after the preliminary examination of an overseas trademark application is qualified, it will
enter a statutory publication period; during this period, any third party can file an objection
on the grounds of potential rights infringement, which may lead to the rejection of the
trademark application and even affect the enterprise’s overseas market layout. Mastering the
core rules of overseas trademark objection and scientific response strategies is crucial for
enterprises to successfully obtain and maintain overseas trademark rights.
Overseas trademark objection risks are widespread in major global markets, especially in regions
with strict trademark protection such as the European Union, the United States, and Canada. A
typical case involves a well-known Chinese time-honored brand "Tongrentang"—when it applied
for trademark registration in Japan, a local enterprise filed an objection on the grounds of
"similarity to existing trademarks". Fortunately, Tongrentang promptly collected evidence proving
that its brand was a well-known trademark in China and had long-term prior use records, and
submitted a comprehensive response materials within the statutory time limit, ultimately
successfully refuting the objection and obtaining trademark protection in Japan . Another case: a
cross-border consumer goods brand failed to respond to an EU trademark objection within the
2-month cooling-off period because it did not pay attention to the official notification, resulting
in the automatic abandonment of the trademark application and the loss of market access rights
in the EU .
The core value of correctly handling overseas trademark objection is to protect the legitimate
right to apply for trademark registration and avoid unnecessary losses caused by improper
response. Trademark objection is not a "death sentence" for the application; on the contrary, it
provides an opportunity for enterprises to clarify the legitimacy of their trademark and refute false
objections. For example, when a third party maliciously objects to a brand’s trademark on the
grounds of "lack of distinctiveness", the enterprise can submit evidence such as the brand’s long-
term use records, market recognition, and original design proof to prove the distinctiveness of the
trademark, thereby promoting the approval of the trademark registration.
Another important significance of mastering overseas trademark objection strategies is to prevent
malicious competition and rights usurpation. In overseas markets, some competitors or
speculators will maliciously file objections to the trademark applications of potential competitors to
delay their market entry or force them to abandon the application. A clear understanding of the
objection rules and timely response can help enterprises crack down on such malicious acts and
maintain their legitimate market interests. For instance, a Chinese condiment brand "Wangzhihe"
once encountered a malicious objection from a local enterprise after applying for trademark
registration in Germany; the brand promptly initiated legal proceedings and submitted evidence of
the enterprise’s malicious usurpation, ultimately winning the lawsuit and regaining the right to use
the trademark .
To effectively respond to overseas trademark objection, enterprises need to focus on three key links:
grasping the time limit, collecting evidence, and formulating targeted response plans. First, strictly
abide by the response time limit—different countries and regions have different time limits for
trademark objection response: the EU sets a 2-month response period after the cooling-off period,
the United States requires a 60-day response period for objections initiated after September 4, 2025,
and Canada stipulates a 2-month response period . Missing the time limit will directly lead to the
abandonment of the application. Second, collect sufficient and compliant evidence, including the
original design proof of the trademark, prior use records, market recognition materials, and
evidence refuting the objection reasons, to ensure that the response has a solid basis . Third,
formulate targeted response plans—aiming at the specific reasons for the objection (such as
similarity to existing trademarks, lack of distinctiveness, etc.), respond one by one, clarify the
differences between the applied trademark and the opposed trademark, and highlight the
legitimacy and uniqueness of the applied trademark.
It is worth noting that professional support is crucial for handling overseas trademark objection. Due
to differences in trademark laws and objection procedures between different countries, enterprises
can rely on professional IP service institutions such as https://www.ipcrossark.com/ and WIPO’s
relevant resources to obtain guidance on objection response, including the interpretation of local
laws, evidence sorting, and response document drafting. In addition, WIPO’shttps://www.wipo.
int/madrid/en/ provides relevant guidelines on international trademark objection, helping
enterprises understand the general rules of objection in various member countries and avoid
common mistakes.
In conclusion, overseas trademark objection and response is an indispensable part of overseas
brand rights protection. For enterprises expanding into the international market, attaching
importance to trademark objection risks and mastering scientific response strategies is as
important as trademark registration. It can not only help enterprises successfully obtain trademark
protection in target markets but also prevent malicious competition and rights usurpation, laying
a solid foundation for the long-term and stable development of the brand in the global market.
Hyperlink List
● IPcrossark :https://www.ipcrossark.com/
● WIPO (World Intellectual Property Organization - Madrid System & Trademark
Objection Guidelines):https://www.wipo.int/madrid/en/
