(1) Entrusting a trademark agency registered in the Trademark Office. (2) Opponents should handle it themselves. There are also two ways for dissidents to apply for trademark objections themselves: 1. Go directly to the Trademark Registration Hall of the Trademark Office (applicants of Zhongguancun National Independent Innovation Demonstration Zone can also go to the Trademark Office of Zhongguancun National Independent Innovation Demonstration Zone, and the address is the administrative office hall on the second floor of Haidian Branch of Beijing Administration for Industry and Commerce, No.9 Daozuomiao, Haidian District, Beijing); 2. Through mail processing.
2. Processing steps
(1) Entrust a trademark agency to handle 1. Sign the power of attorney for trademark agency, and attach the main qualification documents of the opponent (such as business license, ID card, etc.); 2. Prepare objection documents: including filling in an objection application, writing objection reasons and factual basis, and attaching relevant evidence;
3. The trademark agency shall submit an objection application to the Trademark Office on behalf of the objector. (2) Go directly to the trademark registration hall (applicants of Zhongguancun National Independent Innovation Demonstration Zone can also go to the Trademark Office of Zhongguancun National Independent Innovation Demonstration Zone) 1. Preparation of objection application: including objection application, objection reasons and factual basis, with relevant evidence attached;
2. Subject qualification certificate;
3. Submit an application in the trademark registration hall; 4. Type the receipt barcode in the coding window;
5. Pay the objection fee at the payment window.
(3) Handling by mail 1. Prepare objection application: including objection application (downloadable from the Internet), objection reasons and factual basis, and attach relevant evidence. 2. Subject qualification certificate; 3. Send it to the Trademark Office by registered mail or express mail (mailing address: the mail room of China Trademark Building, Chama South Street 1, Xicheng District, Beijing). Postal code: 100055).
4. Pay by bank remittance or telegraphic transfer (see VIII. Trademark objection fee "for details).
Third, the preparation of application documents
(1) Documents to be submitted 1. Application for trademark objection;
2. There is a clear request and factual basis, with relevant evidential materials, which shall be signed or sealed by the dissenter; 3. A copy of the announcement of the preliminary examination and approval of the objected trademark (which can be downloaded from the Internet);
4. A copy of the subject qualification certificate confirmed by the dissenter's seal or signature. 5. ID card and photocopy of the agent (the original will be returned after comparison). 6. Where a trademark agency is entrusted to handle the trademark objection application, a power of attorney for trademark agency shall also be submitted. The power of attorney shall specify the agency authority, agency matters and the date of authorization of the agent. The same agent cannot represent the opposing parties in the same trademark objection case at the same time. (2) Specific requirements
1. The trademark objection application can only raise objections to the preliminarily approved trademark, and each objection application shall be submitted in duplicate. 2. Trademark objection application and related matters shall be handled in Chinese. The application for objection shall be typed or printed, other documents shall be written neatly and clearly, filled in with pen and signature pen or printed with typewriter, and relevant evidence shall be arranged in the evidence catalogue and corresponding page numbers. 3. The challenged trademark and its preliminary examination number, category, name and address of the challenged person (subject to the trademark applicant in the trademark announcement) must be clearly filled in; The objected trademark is applied for registration through a trademark agency, and the name of the trademark agency is also required. 4. The name and contact information of the dissenter who raises the objection must be clearly filled in, and the same seal as the name of the dissenter should be affixed at the place where the applicant seals (if the dissenter is a natural person, it must be signed or sealed). 5. Qualification documents of the dissenter: including a copy of the business license (stamped with the official seal of the enterprise) and a copy of the ID card, etc.
Four. Acceptance of Trademark Objection Application After receiving the trademark objection application, the Trademark Office shall issue a notice of acceptance if it meets the acceptance conditions through formal examination. If the objector directly files an application for trademark objection, the Trademark Office will directly send the Notice of Acceptance to the objector; If the objector entrusts a trademark agency to handle the trademark objection application, the Trademark Office shall send a Notice of Acceptance to the trademark agency.
(1) Sending Notice of Correction If the Trademark Office finds that there are problems in the objection application that need to be corrected after receiving it, it will send a notice of correction to the objector or trademark agency to make corrections within a time limit. If the application is submitted by the objector himself, the Trademark Office will directly issue a notice of correction to the objector; Where a trademark agency is entrusted to handle the trademark objection application, the Trademark Office shall send a Notice of Correction to the trademark agency. (2) After receiving the Notice of Correction of Objection issued by the Trademark Office, the dissenter or trademark agency shall make corrections according to the contents required by the notice, and return the corrected materials together with the Notice of Correction issued by the Trademark Office to the trademark registration hall or send them to the Trademark Office by registered mail within a specified time limit. In addition to requesting a copy of the objection, other supplementary materials must still be submitted in duplicate. (3) Precautions
1. The corrected document must be stamped with the same seal as the name of the dissenter.
2. The revised contents must be clearly and accurately filled in according to the requirements of revision. 3. The correction period is within 30 days from the date when the party concerned receives the notice of correction from the Trademark Office. The parties concerned shall take the envelope issued by the Trademark Office as proof of the date of receipt and send it to the Trademark Office together with the notice of correction from the Trademark Office. 4. Where a trademark agency is entrusted to apply for trademark objection, the official seal of the trademark agency must be affixed.
The Trademark Office shall not accept an application for trademark objection of intransitive verbs under any of the following circumstances:
(1) Objecting to a trademark that has not been preliminarily examined and announced by the Trademark Office; (two) beyond the time limit for objection prescribed by law;
(3) There is no clear request and factual basis in the trademark objection application;
(4) Failing to pay the trademark objection fee within the prescribed time limit; (5) Failing to make corrections within the prescribed time limit or requirements.
Seven. Trademark objection fee: A fee of 65,438+0,000 yuan is required for each trademark objection application. (1) For the objection application entrusted by the trademark agency, the objection fee charged by the Trademark Office shall be deducted from the advance payment of the trademark agency. (2) The objection application handled directly in the trademark registration hall shall be paid directly in the payment window of the trademark registration hall. (3) Objection applications handled by mail must be paid by bank mail transfer or telegraphic transfer.
Article 35 of the Trademark Law raises an objection to a trademark that has been preliminarily approved and announced. The Trademark Office shall listen to the facts and reasons stated by the objector and the objector, after investigation and verification, make a decision on whether to approve the registration within 12 months after the expiration of the announcement, and notify the objector and the objector in writing. There are special circumstances that need to be extended, which can be extended for six months with the approval of the administrative department for industry and commerce of the State Council.
Where the Trademark Office approves the registration, it shall issue a trademark registration certificate and make an announcement. If the objector refuses to accept it, he may, in accordance with the provisions of Articles 44 and 45 of this Law, request the Trademark Review and Adjudication Board to declare the registered trademark invalid.
If the trademark office refuses to register, and the objector refuses to accept it, he may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice. The Trademark Review and Adjudication Board shall make a reexamination decision within 12 months from the date of receiving the application, and notify the objector and the objector in writing. There are special circumstances that need to be extended, which can be extended for six months with the approval of the administrative department for industry and commerce of the State Council. Anyone who refuses to accept the decision of the Trademark Review and Adjudication Board may bring a suit in a people's court within 30 days from the date of receiving the notice. The people's court shall notify the dissenter to participate in the proceedings as a third party.
In the process of reexamination in accordance with the provisions of the preceding paragraph, if the determination of the prior rights involved must be based on the results of another case being tried by the people's court or being handled by the administrative organ, the Trademark Review and Adjudication Board may suspend the examination. After the reasons for suspension are eliminated, the review procedure shall be resumed.
Article 36 If, at the expiration of the statutory time limit, the party concerned does not apply for reexamination of the Trademark Office's decision to reject the application or not to register, or does not bring a suit in a people's court against the reexamination decision of the Trademark Review and Adjudication Board, the application shall be rejected, not to register or the reexamination decision shall take effect.
For a trademark approved for registration after the objection is not established after examination, the time for the applicant to obtain the exclusive right to use the trademark shall be counted from the date of expiration of the three-month preliminary examination and approval announcement. From the date of expiration of the trademark announcement to the date of the decision to approve the registration, there is no retrospective effect on the use of the same or similar logo with the trademark by others on the same or similar goods; However, the losses caused by users' malice to trademark registrants shall be compensated.