A trademark is an important property of a company or enterprise. It is an important symbol that distinguishes it from other products, and is also one of the most important ways for users to identify it. However, a trademark must be obtained through prescribed procedures, so that other companies cannot Infringement of the company's registered trademark. Trademarks are protected by law, and the registrant has exclusive rights. There is a distinction between "registered trademarks" and "unregistered trademarks" in China. Registered trademarks are trademarks that are protected by law after being registered with relevant government departments. Unregistered trademarks are not protected by trademark laws.
If you apply for a trademark status objection, you can make an objection defense within 30 days after receiving the trademark objection defense notice. Materials required for opposition defense: trademark agency power of attorney, defense reason letter, defense notice or review evidence exchange notice, original documents proving the respondent’s subject qualifications, and relevant evidence materials that can support the defense reasons.
When the Trademark Office makes a decision to declare a registered trademark invalid, it shall notify the parties concerned in writing. If the party concerned is dissatisfied with the decision of the Trademark Office, 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 parties 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.
The specific process of trademark status objection application and its processing is as follows:
1. File an objection: fill in the "Trademark Objection Form" and indicate the name, product category, preliminary Approval number, preliminary approval announcement period number, and reasons for raising objections.
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.
Supplements and corrections (not a required process): After receiving the opposition application, if the trademark status objection application finds that there are problems in the opposition application documents that need to be corrected, the Trademark Office will send them to the opponent or trademark agency. Issue a notice of correction and make corrections within a time limit.
3. Make an objection decision. Legal basis: Article 35 of the Trademark Law of the People's Republic of China. If an objection is raised against a trademark that has been initially approved and announced, the Trademark Office shall listen to the facts and reasons stated by the opponent and the person being opposed, and after investigation and verification, make a decision on its own. A decision on whether to approve registration shall be made within twelve months from the expiration of the announcement period, and the opponent and the objected party shall be notified in writing. If there are special circumstances that require an extension, it can be extended for six months with the approval of the industrial and commercial administration department of the State Council. If the Trademark Office makes a decision to approve registration, it will issue a trademark registration certificate and make an announcement. If the opponent is dissatisfied, he may request the Trademark Review and Adjudication Board to declare the registered trademark invalid in accordance with the provisions of Articles 44 and 45 of this Law. This is a matter of trademark status opposition application. If you have other questions, you can consult Intellectual Property Rights for detailed information. Trademark opposition inquiry, trademark opposition conditions, trademark opposition application