According to the provisions of the trademark law, the right holder of the trademark may choose the following two legal channels to claim the right:

1．Make objection to trademark office about trademark of preliminary examination announcement

According to the provisions of article 30 of the trademark law, "any person may object to the trademark of the first instance notice within 3 months from the date of the announcement." Obligee thinks their trademark was rush-registered malevolently by others, and if the trademark is found in the preliminary examination period of the trademark, he may request the trademark office not to approve the registration.

2. Put Objection to Trademark Appraisal Committee with the Registered Trademark

According to the provisions of article 41 of the trademark law, the obligee who think his trademark was rush-registered maliciously by others can apply to the trademark review and adjudication board for revocation Within five years from the date of registration of the trademark.

When the parties to apply to the trademark office or the trademark review and adjudication board for opposition or dispute, advocating rights, they should combine with the components of the above analysis of the trademark rush-register behavior to state the reason and provide the relevant evidence. The evidence should be focused on two aspects: on the one hand , there is the evidence that the trademark registrant is malicious subjectively, For example, merchandise purchase and sale contract and business correspondence relating to the  disputed trademark between the both parties, and the writing evidence of trademark registrant ask for unreasonable high "trademark transfer fee" to the obligee; On the other hand is the evidence of the obligee’s prior use and disputed  trademark propaganda, such as the contract and relevant documents between the obligee and the trademark design and printing organization ,advertising production and publishing contract of trademark, newspapers ,magazines ,goods purchase and sale contract and invoice with the trademark , etc.

It is important to note that the parties shall comply with the requirements when submitting the application form to the trademark office or the trademark review committee. For example, within the time limit prescribed by law, an application for a dispute or dispute should be filed, and the relevant evidence material may be submitted at once within the time limit. To obtain strong support for their claims, the parties should try to submit evidence with higher credibility, such as documents produced by state organs in accordance with their functions and powers, historical archives kept by the specialized agencies, publicity material about the trademark published on the news media which has a great influence and so on.