Abstract: After the trademark application for registration has been initially reviewed by the Trademark Office, it will be publicized in accordance with the law. During the publicity period, if you have objections to the trademark application for registration, you can file a trademark objection. As a registrant, you can proceed in accordance with the law. For those who are defending, the content of the defense should be complete and sufficient, pay attention to the key points, and be targeted. So, how to defend a trademark objection? How to write a trademark objection defense? Let me introduce it to you below. How to defend a trademark objection

1. Entrust professionals to help analyze the reasons for the objection and how to deal with it, and formulate a scientific objection defense strategy.

2. Prepare sufficient evidence for objection defense. It is best to collect effective evidence and information to increase the chance of success in objection defense.

3. Keep the original copy of the "Notice of Trademark Objection Defense" and mail the envelope of the notice, and determine the last date for submitting the objection defense.

How to write a trademark objection reply

1. The subject qualifications of the person

Must be the opponent or the agent legally entrusted by the opponent. If a trademark agency is entrusted with the defense of trademark opposition, a "Trademark Agency Power of Attorney" must be attached. The Trademark Office will make an objection ruling based on the facts and reasons stated by the parties and after investigation and verification, and prepare an objection ruling to notify both parties to the objection.

2. Have clear reasons for objection

In response to the objection reasons and evidence materials provided by the opponent in the "Trademark Opposition Application", the opposed party should provide corresponding defense reasons and evidence. The adequacy of the materials, defense reasons and evidentiary materials may play a decisive role in the objection case.

3. Time limit for defense

The "Trademark Law" stipulates that the opposed party must submit defense materials to the Trademark Office within 30 days from the date of receipt of the trademark objection letter. According to the provisions of Article 10 of the "Regulations for the Implementation of the Trademark Law", if the party submits the defense and relevant evidence materials directly, the date of submission shall prevail; if it is mailed, the date of the postmark shall prevail. If the postmark date is unclear or there is no postmark, the actual date of receipt by the Trademark Office shall prevail. The last legal holiday can be extended by one day. However, this is excepted if the party concerned can provide evidence of the actual postmark date. Although the law stipulates this proviso, the parties concerned should try their best to send the 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 date of actual receipt by the Trademark Office will be the date of defense. If the actual receipt date exceeds the statutory opposition period, it may result in a ruling being made, which will inevitably have an adverse impact on the interested parties and will also have a negative impact on the Trademark Office’s opposition review work.

Regardless of whether the opposed party fails to respond or fails to respond within the prescribed time limit, the Trademark Office will make a ruling in accordance with the law.

4. Other attached materials

The envelope with a copy of the trademark objection letter sent by the Trademark Office (to determine whether the defense is filed within the specified time limit) must be accompanied by the opposition defense and materials. Send to the Trademark Office.

Key Points of Trademark Objection Defense

Trademark opposition defense should generally state the reasons for the trademark opposition, and the narrative content should be targeted and well-founded. Several key points that should be grasped during the defense are:

1. Focus on the key points

Discuss the reasonable and beneficial aspects in a comprehensive and detailed manner. When arguing that the trademarks are not similar, describe the sound, shape, meaning, etc. of the trademarks; to argue that the goods are not similar, explain the differences from the goods themselves, especially whether it affects consumers' purchase and use.

2. Outstanding advantages

If the trademark of the opposed party has a certain degree of originality or has prior rights, it must be stated as important content. These are the powerful reasons for the opposed party to reasons and arguments. However, the opponent should note that when claiming prior rights in trademark application and registration, it is critical whether the right holder has claimed to protect his or her rights in my country, because my country’s Trademark Law stipulates the principle of prior application and registration. , trademarks that have been applied for or registered in our country are more convincing than trademarks registered in other countries or regions.

3. Strong pertinence

The content of the respondent's reply cannot be disconnected from the content of the trademark objection or completely unrelated to the content of the objection. This is what we often say that the answer is not what the question was asked. The defense must refute the objections of the opponent point by point. His reply will not be able to refute the objections of the opponent.

Being justified must also be well-founded. The person being opposed must show the authenticity of the content of the defense and must also provide evidence to prove that its defense is well-founded and not fabricated out of thin air.

4. Defend on time

According to the provisions of the Trademark Law, the time limit for defense is thirty days from the date the opponent receives the notice of defense. Overdue defense will be treated as undefended. , the supplement of defense materials cannot be indefinite. According to the current processing speed of the Trademark Office, it will take three to four months from the time the defense notice is sent to the time the defense is received and the examiner makes a ruling, including the time required for mailing. Therefore, if supplementary materials are still required for the defense, they must be submitted in time.

How many days does it take to defend a trademark objection?

Article 30 of the Trademark Law allows anyone to file an objection to a preliminary approved trademark within three months from the date of announcement. If there is no objection at the expiration of the announcement period, the registration will be approved, a trademark registration certificate will be issued, and the announcement will be made.

1. Submit objection defense application materials to the National Trademark Review and Adjudication Board (1-5 working days).

2. The Trademark Office formally accepts the application and issues a notice of acceptance of the objection application. (About 1 month of working time).

3. The Trademark Review and Adjudication Board will rule on the objection registration application and issue a "Trademark Objection Ruling" (approximately 18 months).