Legal analysis: 1. Submit an objection application, the identity certificate of the opponent, and evidence of trademark invalidity to the Trademark Office. 2. After receiving the trademark objection application, the Trademark Office will, after review, accept the application and issue an acceptance notice to the applicant if it meets the acceptance conditions. The Trademark Office shall promptly send a copy of the trademark objection material to the party being opposed, and the party shall respond within 30 days from the date of receipt of the copy of the trademark objection material. If the respondent fails to respond, it will not affect the decision of the Trademark Office. 3. The Trademark Office makes a decision after review.
Legal basis: "Regulations on the Implementation of the Trademark Law of the People's Republic of China"
Article 24 If an objection is raised against a trademark that has been initially approved and announced by the Trademark Office, the opponent shall The following trademark opposition materials should be submitted to the Trademark Office in duplicate and marked with the original and duplicate: (1) Trademark opposition application; (2) Identity certificate of the opponent; (3) Violation of Article 13, paragraph 2 and If an objection is raised on the grounds of paragraph 3, Article 15, Paragraph 1 of Article 16, Article 30,
Article 31, or Article 32, the opponent shall be deemed as Proof of prior rights holder or interested party. The trademark opposition application should have clear requests and factual basis, and should be accompanied by relevant evidence materials.
Article 25: After receiving the trademark opposition application, the Trademark Office shall, after examination, find that the application meets the acceptance conditions and shall accept the application and issue a notice of acceptance to the applicant.
Article 26 If a trademark opposition application falls into the following circumstances, the Trademark Office will not accept it and will notify the applicant in writing and explain the reasons: (1) Failure to file within the statutory time limit; 2) Applicant qualifications . The reason for opposition does not comply with the provisions of Article 33 of the Trademark Law. 3) There is no clear reason, fact and legal basis for the objection. 4) The same opponent files an opposition application again for the same trademark based on the same reason, fact and legal basis.
Article 27 The Trademark Office shall promptly send a copy of the trademark objection material to the party being opposed, and the party shall be limited to respond within 30 days from the date of receipt of the copy of the trademark objection material. If the respondent fails to respond, it will not affect the decision of the Trademark Office. If the party needs to supplement relevant evidence materials after filing an opposition application or defense, it shall state this in the trademark opposition application or defense, and if it is not submitted within 3 months from the date of submission of the trademark opposition application or defense, The party concerned shall be deemed to have given up on supplementing relevant evidentiary materials. However, if the evidence is generated after the expiration of the time limit or the party fails to submit it before the expiration of the time limit due to other legitimate reasons, if the evidence is submitted after the expiration of the time limit, the Trademark Office may accept the evidence after giving it to the other party and cross-examining it.
Article 28 The decision not to grant registration referred to in Paragraph 3 of Article 35 and Paragraph 1 of Article 36 of the Trademark Law includes decisions not to grant registration on some designated goods. If the registration announcement of the opposed trademark has been published before the Trademark Office makes a decision to approve registration or disapprove registration, the registration announcement shall be revoked. If the objection is not established and the registration is approved after review, it will be re-announced after the decision to approve the registration takes effect.