The envelope that the Trademark Office sends a copy of the trademark objection (used to determine whether the reply is filed within the prescribed time limit) should be sent to the Trademark Office together with the objection reply and materials. If there are foreign documents in the defense materials provided by the objector, they must be translated into Chinese, otherwise, the foreign language defense will not be used as the defense materials and will be returned to the parties. (See: Notice of the Trademark Office of the State Administration for Industry and Commerce on January 14, 1997 that Chinese and foreign documents on trademark objections should be accompanied by Chinese translations)
Statement and time limit for submission of supplementary evidence
According to the second paragraph of Article 22 of the Trademark Law, if a party needs to supplement relevant evidence after filing an objection defense, it shall make a statement in the objection defense and submit it within three months from the date of submitting the objection defense; If it is not submitted at the expiration of the time limit, it shall be deemed that the parties have supplemented the relevant evidence materials. When the Trademark Office fails to accept the supplementary defense materials and the objection is established, the objector may also apply to the Trademark Review and Adjudication Board for reexamination and submit the materials to be supplemented. How to defend the trademark objection?
when the trademark applied for registration passes the preliminary examination and enters the 3-month objection period after the preliminary examination announcement, once it is objected by others, the trademark objection procedure will be started. The trademark applied for registration becomes an objected trademark, and even if a registration announcement has been published, the registration announcement is invalid (note: in order to be published on time? Trademark announcement? The printed version of the Trademark Registration Announcement is often arranged a few days before the expiration of the objection period. When other people's trademark objections are raised a few days before or even the last day of the objection period, plus the time required for mailing, there will be both objections and objections. Registration announcement? The situation). Whether the applicant can obtain the exclusive right to use the trademark depends on the trademark office's objection to the trademark.
after accepting the application for trademark objection, the Trademark Office will promptly file the objection? Trademark objection application? And a copy of the objection reasons and evidence materials shall be sent to the objector, and the objector shall be limited to reply within 3 days from the date of receiving the copy of the trademark objection. If the objector fails to make a written reply within the limited time limit, it shall be deemed as giving up the right of reply, and the objection procedure shall proceed as usual.
the respondent's defense should include the following contents:
1. The subject qualification of the person
must be the respondent or the agent legally entrusted by the respondent.
if the trademark objection defense is entrusted to a trademark agency, the power of attorney for trademark agency shall be attached.
based on the facts and reasons stated by the parties, the Trademark Office will make an objection ruling after investigation and verification, and make an objection ruling to inform both parties.
2. There are clear objections
What are the objections? Trademark objection application? The objection reasons and evidence materials, the respondent should put forward the corresponding defense reasons and evidence materials, and whether the defense reasons and evidence materials are sufficient or not will probably play a decisive role in the objection case.
3. Time limit for defense
The Trademark Law stipulates that the respondent must submit the defense materials to the Trademark Office within 3 days from the date of receiving the trademark objection. According to Article 1 of the Regulations for the Implementation of the Trademark Law, if the parties directly submit the defense and relevant evidential materials, the submission date shall prevail; By post, the postmark date shall prevail. If the postmark date is unclear or there is no postmark, the date actually received by the Trademark Office shall prevail. However, unless the parties can provide evidence of the actual postmark date. Although the law has this proviso, the parties should try their best to send an objection reply within the objection period and ensure that the postmark is clear to avoid unnecessary trouble. If the respondent's defense materials are submitted by mail and the postmark date is unclear, the actual date of receipt by the Trademark Office shall be the defense date. If the actual date of receipt exceeds the statutory objection period, it may lead to a ruling, which will inevitably have a negative impact on the interested parties and the opposition review work of the Trademark Office.
the trademark office will make a ruling in accordance with the law, regardless of whether the objector fails to reply or fails to reply within the prescribed time limit. What are the skills of trademark objection defense?
Trademark objection defense should generally be stated according to the reasons of trademark objection, and the content of the statement should be targeted and well-founded. In practice, what are the skills of trademark objection defense? In fact, several points that should be grasped in the defense call are:
Grasp the key points
Discuss the rational and favorable aspects comprehensively and in detail. When arguing that the trademark is not similar, describe it from the aspects of sound, shape and meaning of the trademark; It is argued that the goods are not similar, and the differences are explained from the goods themselves, especially whether it affects consumers' purchase and use.
Outstanding advantages
If the trademark of the objector is original or has prior rights, it should be stated as an important content, which are powerful reasons and arguments for the objector. However, the objector should pay attention to whether the obligee has claimed to protect his rights in China when claiming the prior rights in trademark application and registration, because China's Trademark Law stipulates the principle of prior application and registration, and the trademarks that have been applied for or registered in China are more convincing than those registered in other countries or regions.
strong pertinence
the content of the respondent's reply can't be divorced from the content of the trademark objection or completely irrelevant to the content of the objection, which is what we often say. The defense is to refute the reasons of the objector one by one, and his defense can't refute the objection of the objector. Rationality must also be well-founded. To show the authenticity of the content of the defense, the objector must also provide evidence to prove that his defense is well-founded and not fabricated out of thin air.
reply on schedule
according to the provisions of the trademark law, the time limit for reply is within 3 days from the date when the respondent receives the notice of reply, and the overdue reply is treated as non-reply, and the supplement of the reply materials cannot be indefinite. According to the current speed of the Trademark Office, it takes three to four months for the examiner to make a ruling from the mailing of the reply notice to the receipt of the reply, including the time required for mailing. Therefore, if the defense still needs supplementary materials, it must be submitted in time. The narrative of trademark objection and defense should also pay attention to compact content, clear logical relationship, prominent focus and conciseness. We can't think that the longer the article is, the more reasonable it is, and the thicker the material is, the more convincing it is. As long as the point of view is made clear, it can play its due role.
the above are the materials that xiaobian needs for trademark objection defense. I hope you will like it! trademark oppositions