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If a trademark is opposed, how to respond to the objection?

When a trademark is opposed, an objection defense must be conducted. The key points of the defense are as follows:

1. Grasp the key points.

Reasonable and beneficial aspects will be discussed in full and detail. When arguing that the trademarks are not similar, describe the trademarks from the three aspects of sound, shape and meaning; when arguing that the goods are not similar, explain from the differences of the goods themselves, especially whether it affects consumers' purchase and use.

2. Highlight the advantages.

If the trademark of the opposed party has a certain degree of originality or has prior rights, it should be explained as important content. This is a strong reason and argument for the opposed party. However, when the opposed party claims prior rights in trademark application or registration, it should pay attention to whether the rights holder claims to protect its rights in my country. Since my country's Trademark Law stipulates the principles of application and registration, trademarks that have been applied for or registered in my country are more convincing than trademarks registered in other countries or regions.

3. Targeted.

The content of the respondent's defense cannot be separated from the content of the trademark objection or is completely unrelated to the content of the objection. This is what we often say that the answer is wrong. The defense is to refute the objection grounds one by one. An unfocused defense cannot play a role in refuting the objections of the opponent. The respondent must prove the authenticity of the content of the defense and provide evidence to prove that the defense is well-founded and not fabricated empty facts.

4. Reply on time.

According to the provisions of the Trademark Law, the time limit for defense is 30 days from the date the respondent receives the notice of defense. Failure to respond within the time limit shall be deemed to have not allowed the defense, and the supplement of defense materials cannot be indefinitely. According to the current speed of the Trademark Office, it will take 3 to 4 months from sending the notice to receiving the examiner’s decision response, including the time required for mailing. Therefore, if additional materials are needed for the defense, they must be submitted in time.