Trademark objection refers to the public’s objection to the trademark not being registered within the statutory time limit for a trademark that has been initially reviewed and announced, that is, requiring the Trademark Office to notify the Trademark Office within the prescribed three Do not approve the trademark registration after the expiration of the objection period. What is the process for handling a trademark objection?
The specific process of trademark opposition and its handling is as follows:
1. File an objection: fill in the "Trademark Objection Form" and indicate the name, product category, and preliminary approval number of the trademark being opposed , preliminary approval announcement period number, and reasons for raising objections.
2. Notice of defense: After receiving the objection letter and relevant evidence, the Trademark Office will send a copy of the objection letter to the person being opposed. The person being opposed shall make a written reply within thirty days from the date of receipt of the objection letter. reply. If the respondent fails to respond within the time limit, it will be deemed to have waived the objection, which will not affect the progress of the objection procedure.
3. Supplements and corrections (not required): After receiving the opposition application, if the Trademark Office finds that there are problems in the opposition application that need to be corrected, it will send supplements and corrections to the opponent or trademark agency. Notice, deadline for correction.
4. Make an objection decision. Legal basis: Article 35 of the Trademark Law of the People's Republic of China. If an objection is raised against a trademark that has been initially approved and announced, the Trademark Office shall listen to the facts and reasons stated by the opponent and the person being opposed, and after investigation and verification, make a decision on its own. A decision on whether to approve registration shall be made within twelve months from the expiration of the announcement period, and the opponent and the objected party shall be notified in writing. If there are special circumstances that require an extension, it can be extended for six months with the approval of the industrial and commercial administration department of the State Council. If the Trademark Office makes a decision to approve registration, it will issue a trademark registration certificate and make an announcement. If the opponent is dissatisfied, he may request the Trademark Review and Adjudication Board to declare the registered trademark invalid in accordance with the provisions of Articles 44 and 45 of this Law.
The above is what Intellectual Property Rights introduces to you, "What is the process when a trademark is opposed". If you have any other questions about trademark registration, please feel free to consult a professional intellectual property consultant at any time.
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