1. Objection: fill in the Trademark Objection Letter, indicating the name, commodity category, preliminary approval number, preliminary approval announcement number and reasons for the objection.
2. Notice of reply: After receiving the objection and relevant evidence, the Trademark Office will send a copy of the objection to the objector, who shall make a written reply within 3 days from the date of receiving the objection. If the objector fails to make a reply within the time limit, it shall be deemed as a waiver, which shall not affect the objection procedure.
3. Correction: After receiving the objection application, if the Trademark Office finds that there are problems in the objection application that need to be corrected, it will send a notice of correction to the objector or trademark agency to make corrections within a time limit.
legal basis
Article 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 preempt the registration of trademarks that have been used by others and have certain influence by unfair means. Article 3 Where a trademark applied for registration does not conform to the relevant provisions of this Law or is identical with or similar to a trademark that has been registered or preliminarily approved by others on the same kind of goods or similar goods, the Trademark Office shall reject the application and will not announce it. Article 35 Where an objection is raised to a trademark that has been preliminarily approved and announced, the Trademark Office shall listen to the facts and reasons stated by the objector and the objector, and after investigation and verification, make a decision on whether to approve the registration within 12 months from the date of expiration of the announcement, and notify the objector and the objector in writing. There are special circumstances that need to be extended, which can be extended for six months with the approval of the administrative department for industry and commerce of the State Council.
if the trademark office decides to approve the registration, it shall issue a trademark registration certificate and make an announcement. If the objector refuses to accept it, 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.
if the trademark office decides not to register, and the objector refuses to accept it, it may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice. The Trademark Review and Adjudication Board shall make a reexamination decision within 12 months from the date of receiving the application, and notify the objector and the objector in writing. There are special circumstances that need to be extended, which can be extended for six months with the approval of the administrative department for industry and commerce of the State Council. If the objector refuses to accept the decision of the Trademark Review and Adjudication Board, he may bring a suit in a people's court within 3 days from the date of receiving the notice. The people's court shall notify the dissenter to participate in the proceedings as a third party.
in the process of reexamination 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 results of another case being tried by the people's court or being handled by the administrative organ. After the reasons for suspension are eliminated, the review procedure shall be resumed.