Current location - Trademark Inquiry Complete Network - Trademark inquiry - How to file an objection to a trademark being announced?
How to file an objection to a trademark being announced?

Legal Subjectivity:

Objections can be filed within three months of the trademark registration announcement. Article 33 of the Trademark Law stipulates that for a trademark that has been initially approved and announced, within three months from the date of announcement, the prior rights holder or interested party believes that it violates paragraphs 2 and 3 of Article 13 of this Law. Article 15, Paragraph 1 of Article 16, Article 30, Article 31, and Article 32, or any person believes that Article 4, Article 10, or Article 32 of this Law has been violated If the application is stipulated in Article 11, Article 12, or Article 19, paragraph 4, an objection may be filed with the Trademark Office. If there is no objection at the expiration of the announcement period, the registration will be approved, a trademark registration certificate will be issued, and the trademark will be announced. Legal objectivity:

According to the provisions of my country’s Trademark Law, anyone can raise objections to a preliminary approved trademark within three months from the date of announcement. The purpose of establishing the trademark opposition procedure is to ensure the openness, fairness and fairness of the trademark review and registration procedures, place the trademark review work under public supervision, and maintain a high degree of transparency. The practice of requiring trademark registration to undergo an opposition announcement procedure before approval for registration has been adopted by most countries in the world. The so-called objection refers to raising objections to a trademark that has been initially approved in accordance with the law and requesting that the trademark not be registered. In practice, the parties that raise objections to the ongoing announcement are mainly interested parties in trademark registration. The opponent believes that the trademark that has been preliminarily approved and announced by the Trademark Office is the same as its own registered trademark or the trademark that was preliminarily approved and announced earlier, or Similar (specified goods/services are identical or similar), in order to protect one's own trademark exclusive rights, the Trademark Office is required not to register the trademark. In addition, the subject of trademark opposition can also be other natural persons, enterprises, agencies, groups or other organizations other than interested parties. As long as they believe that the trademark being announced does not comply with the relevant provisions of the "Trademark Law", they have the right to file an objection in the three Objections may be raised within the one-month announcement period. To raise an objection to a trademark that has been initially approved and is being announced, the opponent should submit two copies of the "Trademark Opposition Application" document to the Trademark Office, together with relevant evidence. The "Application for Trademark Opposition" should state the name of the trademark being opposed (if there is a text part), the category of goods or services, the preliminary approval number, the preliminary approval announcement issue number and page number, the reason for the objection, etc. If it is believed to be identical or similar to a previously registered or previously announced trademark, the cited trademark name, product or service category, registration certificate number (or preliminary approval number) should be stated, and a drawing of the cited trademark should be attached.