How long will it take for the trademark to object? How long will it take? Xiaobian shares the time of the sorted trademark objection period with everyone, welcome to read, for reference only!

how long is the trademark objection period?

1. The objector can only raise objections to the trademark published in the Trademark Announcement after preliminary examination and approval by the Trademark Office within the objection period. The objection period is 3 months, counting from the date of the announcement of the preliminary examination and approval of the objected trademark to the day before the registration announcement.

2. The objection raised by the objector should have clear request and factual basis and be supported by corresponding evidence. If the evidence cannot be submitted at the time of filing the objection application, it shall be declared in the objection application, and the evidence shall be submitted within 3 months from the date of submitting the objection application (it can be submitted by mail within 3 months).

3. The last day of the objection period is a legal holiday, which can be postponed to the first working day after the holiday.

what should I pay attention to when applying for trademark opposition?

1. If the objection fee is paid by bank remittance, a copy of the remittance slip retained by the objector shall be sent to the Trademark Office together with the objection application. When the Trademark Office receives the objection application, if it does not receive a copy of the remittance slip, it will send the Notice of Payment to the objector. The dissenter shall pay the fees in accordance with the Notice of Payment, and send a copy of the remittance slip together with the Notice of Payment to the Trademark Office.

2. After receiving the trademark objection application, the Trademark Office will issue a Notice of Acceptance after formal examination. If the objection application is submitted by the objector himself, the Trademark Office will directly send the Notice of Acceptance to the objector; If the trademark agency is entrusted to handle the trademark objection application, the Trademark Office will send the Notice of Acceptance to the trademark agency.

3. The time limit for trademark objection defense is 3 days, counting from the date of receiving the notice of defense. The requirements and time limit for objection correction and evidence submission are also applicable to the defense procedure.

4. Date when the objector submits the objection application to the Trademark Office: if it is submitted directly, the date of submission shall prevail; If it is sent 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.

5. Due to the technical reasons for the typesetting of the paper Trademark Announcement, an objection application filed in the last month of the objection period may also include a registration announcement of the objected trademark in the Trademark Announcement. Therefore, the second paragraph of Article 23 of the Regulations for the Implementation of the Trademark Law stipulates: Where the objected trademark has published a registration announcement before the objection ruling takes effect, the original registration announcement shall be revoked, and the registered trademark approved by the objection ruling shall be re-announced. ? Trademark objections and rulings are published in the Trademark Announcement published on the 28th of each month.

6. Due to the change of the address of the objector or the objector, the Trademark Office issued a notice about the objection, and the post office failed to deliver it and was returned. The Trademark Office will publish a service announcement in the Trademark Announcement published on the 21st of each month. After 3 days from the date of announcement, the document shall be deemed to have been delivered.

How to punish trademark infringement

According to the relevant provisions of trademarks, the infringed person can ask the administrative department for industry and commerce at or above the county level to handle trademark infringement, and the administrative department for industry and commerce has the right to take the following measures:

(1) Order to stop selling immediately;

(2) accept and destroy the infringing trademark marks;

(3) eliminating the infringing trademarks on the existing commodities;

(4) take away the molds, printing plates or other crime tools directly used for trademark infringement;

(5) If the first four measures are not enough to stop the infringement, or the infringement is difficult to separate from the goods, order and supervise the destruction of the infringing goods;

(6) according to the circumstances, impose a fine of less than 5% of the illegal business amount or less than five times the profit from infringement. The person who is directly responsible for the infringement of the exclusive right to use a registered trademark may be fined not more than 1, yuan according to the circumstances. Finally, its trademark infringement refers to the use of the same or similar trademark on the same or similar goods without the permission of the trademark registrant.

Industrial and commercial enterprises investigate and deal with trademark infringement, which can be specifically divided into the following four types:

(1) using the same trademark as the registered trademark of others on the same commodity;

(2) using a trademark similar to the registered trademark of others on the same commodity;

(3) using the same trademark as the registered trademark on similar goods;

(4) using trademarks similar to those registered by others on similar goods.

the first behavior is counterfeiting, and the other three are counterfeiting.

Counterfeiting a registered trademark is the most serious infringement of the exclusive right to use a trademark. If the circumstances are serious, criminal responsibility shall be investigated according to law.

the above is the time of trademark objection period provided by xiaobian for everyone, and I hope it can help everyone.

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