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How to do trademark objection defense, and what are the skills of trademark objection defense?

Generally, the defense of trademark objection should be stated according to the reasons of trademark objection, and the content of the statement should be targeted and well-founded. In practice, what are the skills of trademark objection defense? In fact, several points that should be grasped in the defense call are:

Grasp the key points

Discuss the rational and favorable aspects comprehensively and in detail. When arguing that the trademark is not similar, describe it from the aspects of sound, shape and meaning of the trademark; It is argued that the goods are not similar, and the differences are explained from the goods themselves, especially whether it affects consumers' purchase and use.

Outstanding advantages

If the trademark of the objector is productive or has prior rights, it should be stated as an important content, which are powerful reasons and arguments of the objector. However, the objector should pay attention to whether the obligee has claimed to protect his rights in China when claiming the prior rights in trademark application and registration, because China's Trademark Law stipulates the principle of prior application and registration, and the trademarks that have been applied for or registered in China are more convincing than those registered in other countries or regions.

strong pertinence

the content of the respondent's reply can't be divorced from the content of the trademark objection or completely irrelevant to the content of the objection, which is what we often say. The defense is to refute the reasons of the objector one by one, and his defense can't refute the objection of the objector. Rationality must also be well-founded. To show the authenticity of the content of the defense, the objector must also provide evidence to prove that his defense is well-founded and not fabricated out of thin air.

reply on schedule

according to the provisions of the trademark law, the time limit for reply is within 3 days from the date when the respondent receives the notice of reply, and the overdue reply is treated as non-reply, and the supplement of the reply materials cannot be indefinite. According to the current speed of the Trademark Office, it takes three to four months for the examiner to make a ruling from the mailing of the reply notice to the receipt of the reply, including the time required for mailing. Therefore, if the defense still needs supplementary materials, it must be submitted in time. The narrative of trademark objection and defense should also pay attention to compact content, clear logical relationship, prominent focus and conciseness. We can't think that the longer the article is, the more reasonable it is, and the thicker the material is, the more convincing it is. As long as the point of view is made clear, it can play its due role. trademark oppositions