Legal analysis: 1. File an objection: fill in the "Trademark Objection Form" and indicate the name of the trademark being opposed, the product category, the preliminary approval number, the preliminary approval announcement period number, and the reason for the objection. If it is believed that the opposed trademark is the same as or similar to the opponent’s registered trademark used on the same or similar goods, the product category, trademark name, registration number, etc. of the opponent’s registered trademark should also be filled in.
2. Notice of defense: After receiving the objection letter and relevant evidence, the Trademark Office will send a copy of the objection letter to the person being opposed. The person being opposed shall make a written reply within thirty days from the date of receipt of the objection letter. reply. If the respondent fails to respond within the time limit, it will be deemed to have waived the objection, which will not affect the progress of the objection procedure.
3. Correction (not required): After receiving the opposition application, if the Trademark Office finds that there are problems in the opposition application that need correction, it will send the correction to the opponent or trademark agency. Notice, deadline for correction.
4. Make a ruling: The Trademark Office shall listen to the facts and reasons stated by the opponent and the opposed party, and make a ruling after investigation and verification.
5. Delivery of the ruling: After making the objection ruling, the Trademark Office must send the objection ruling to the opponent and the opposed party. There are two results in the opposition ruling: (1) The reason for the objection cannot be established, and the trademark that has been initially approved will be registered; (2) The reason for the objection is sufficient and the objection is established, and the trademark that was initially approved will not be registered.
6. Review: If any party to the objection is dissatisfied with the objection ruling, it may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the objection ruling notice.
Legal basis: "Trademark Law of the People's Republic of China"
Article 33 For trademarks that have been initially approved and announced, within three months from the date of announcement, Prior rights holders and interested parties believe that Article 13, paragraphs 2 and 3, Article 15, Article 16, paragraph 1, Article 30, and Article 13 of this Law have been violated.
Article 34 For a trademark that rejects the application or refuses to be announced, the Trademark Office shall notify the trademark registration applicant in writing. If the trademark registration applicant is dissatisfied, he may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receipt of the application and notify the applicant in writing. If there are special circumstances that require an extension, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council. If the party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice.