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Why set up a trademark opposition?

During the trademark registration process, after the trademark application passes preliminary approval, the Trademark Office will announce it within a three-month announcement period. During this period, anyone can file an objection with the Trademark Office. Trademark objections are a long-standing obstacle in the trademark registration process, and if handled improperly by the trademark applicant, the trademark registration may not be successful.

For example, Moutai’s “National Liquor Moutai” trademark case. As we all know, Moutai Group has been trying to apply for the national liquor Moutai trademark for decades, and finally gave up completely after many failed applications. Prior to this, Moutai had submitted multiple applications for the national liquor Moutai trademark, and this was the closest to success. The trademark of national liquor Moutai has been approved by preliminary review. However, during the three-month publicity period, nearly 100 wine companies submitted trademark objections to the Trademark Office of the State Administration for Industry and Commerce. In the end, Moutai Group’s application has not yet been approved and registered.

In the above circumstances, other wine companies have made full use of the role of trademark opposition. Moutai Group is already a dominant company in this industry. If they get the "national liquor" again, consumers are more likely to think that Moutai is the country's highest standard liquor, which is not conducive to fair market competition among other liquor companies.

The establishment of a trademark objection is to consider whether the application for registration of a trademark infringes upon the rights of others. It is also difficult to determine whether the application for registration of a trademark infringes upon the advanced rights of others in the substantive examination work of the Trademark Office. Except for trademark rights, Other rights apply for registration in an improper manner. Others have used the trademark before and have a certain degree of popularity.

During the trademark objection process and during the publicity period, the prior right holder can state the facts and reasons for the approved registration of the objectionable trademark to prevent defective trademarks from being approved for registration and safeguard their legitimate rights and interests. The person being opposed also has the right to defend himself. They can refute the reasons for the objection and provide corresponding evidentiary materials so that the trademark they apply for is allowed to be registered as much as possible. Trademark opposition procedures should be as fair and impartial as possible.

Therefore, for trademark applicants, although trademark opposition is troublesome, it is not terrible. Trademark opposition does not mean that the trademark cannot be successfully registered. The applicant can still handle it in an appropriate manner to minimize the risk of the trademark opposition being revoked.

It should be noted that the opposed party needs to make a written reply within 30 days after receiving the trademark opposition application and other materials. Failure to respond within the time limit will be deemed to have given up the right to respond, and there is a high probability that the trademark will be declared invalid. Therefore, during the trademark registration period, trademark applicants should always pay attention to the trademark status and respond in a timely manner!