In the process of applying for trademark registration, you finally passed the preliminary review. You can get the trademark registration certificate after the 3-month announcement period is successfully completed. At this time, your trademark is opposed. ! what to do? Explain whether a defense is required after a trademark is opposed?
Trademark opposition refers to the public’s objection to the trademark not being registered within the legal period to the Trademark Office within the legal period for a trademark that has been initially reviewed and announced, that is, requiring the Trademark Office to object within the prescribed 3 months. Do not approve the trademark registration after expiration.
According to the provisions of the Trademark Law, any individual or enterprise can file an objection application with the Trademark Office. The purpose of doing so is to confirm the trademark rights fairly and openly, thereby improving the quality of trademark registration review.
Therefore, don’t panic if your trademark is opposed. After accepting the trademark opposition application, the Trademark Office will promptly send the opponent's "Trademark Opposition Application" and copies of the objection reasons and evidence materials to the opponent, and the opponent will be limited to the date when the opponent receives copies of the trademark opposition letter, etc. Defend within 30 days.
At this time, it is very important to explain the defense against trademark opposition, which may even determine whether your trademark can be successfully registered. So, explain how to defend your trademark after it is opposed?
1. Defend on time and on schedule
First of all, the most important point is to defend on time, defend on time, defend on time! Say important things three times.
If you fail to respond within the time limit specified by the Trademark Office, it will be regarded as a waiver. At that time, you will have to resign yourself to fate, and you will not even have a chance to fight for it.
Therefore, no matter what, it must be handled as soon as possible and the defense must be conducted within 30 days from the date of receipt of the defense notice.
I would also like to remind everyone that if you change your address during this period, remember to submit a trademark change application and keep in touch with the Trademark Office or trademark agency to avoid missing the notice issued by the Trademark Office.
2. Key points for writing a defense letter
A trademark opposition defense letter can be written by the applicant himself or by an agency.
When writing a defense letter, you need to pay attention to writing it according to the required format of the defense letter, and at the same time, give a highly targeted, comprehensive and reasonable description of the reasons for the trademark objection.
3. Regarding defense materials
In many cases, trademark opposition defense does not only require a defense letter, but also provides some evidence materials to prove the authenticity of the content. Therefore, after the defense statement is written, it is best to prepare and complete the corresponding evidence materials and submit them as attachments.
If for some reason it cannot be submitted together with the defense, you can submit the corresponding evidence within 3 months after submitting the defense.
The above is the information on whether a defense is required after a trademark is opposed and how to respond. If you have any questions, please feel free to consult Shangbiao Intellectual Property for free.