Trademark opposition is a legal procedure clearly stipulated in the Trademark Law and the Implementing Regulations of the Trademark Law for publicly soliciting public opinions on a preliminary examination of a trademark. Its purpose is to supervise the Trademark Office’s fair and open conduct of trademark confirmation. right. Anyone who has different opinions on the preliminary approval of a trademark may file an objection with the Trademark Office within the objection period of three months from the date of the preliminary approval announcement. The questions in the trademark opposition part are as follows:
The trademark objection part is mainly for the following three aspects:
1. Protect the interests of the previous trademark registrant;
< p>2. Protect the right of the preliminary trademark examiner to apply first;3. Prevent registered trademark applicants from obtaining undue trademark exclusive rights.
Methods for handling objections to registered trademarks: entrust a trademark registration agency registered with the Trademark Office to handle the matter; the objector shall go to the Trademark Office to handle the matter himself.
The establishment of trademark opposition procedures aims to strengthen public supervision of trademark review work, reduce review errors, strengthen trademark awareness, and provide one-time protection to previously registered trademark owners and other interested parties. opportunity to protect their own rights and interests and prevent the occurrence of conflicts of rights. The opponent can be the registered trademark owner, the previous applicant for trademark registration and other interested parties, or any other citizen or legal person.
Specific procedures for trademark opposition:
1. Send a notice of correction. 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 a correction notice to the opponent or trademark agency and make the corrections within a time limit. If the application is submitted by the opponent himself, the Trademark Office will directly send a supplementary and correction notice to the opponent; if a trademark agency is entrusted to handle the trademark opposition application, the Trademark Office will send a supplementary and correction notice to the trademark agency;
2. Make corrections within a time limit. After receiving the objection and correction notice issued by the Trademark Office, the registered trademark opponent or trademark agency shall make corrections according to the supplementary and correction contents required in the notice, and submit the corrected materials and the supplementary and correction notice issued by the Trademark Office within the specified time limit - and Return it to the Trademark Registration Hall or send it by registered mail to the Trademark Office. In addition to the requirement to submit a copy of the objection letter, other supplementary and corrected materials must still be submitted in duplicate.
Note: Relevant evidence materials proving that the applicant is the prior right holder or interested party are necessary documents that the applicant should submit at the same time when filing a trademark opposition application for the first time on relative grounds. The formal examination stage requires only prima facie evidence of prior rights or interests.
The essence of the trademark dispute is that the disputer believes that the later-registered trademark conflicts with its earlier-registered trademark rights, that is, it is identical or similar to its earlier-registered trademark on the same or similar goods. Or it has caused misunderstanding among consumers in the market, so it is proposed to limit the scope of goods for which the trademark is used or to cancel the trademark registration. If you have any other questions, you can consult for more details. Trademark Opposition Application for Trademark Opposition