Answer to the Trademark Objection Process Trademark opposition is a legal procedure clearly stipulated in the Trademark Law and the Implementation Regulations of the Trademark Law for soliciting public opinions on a preliminary examination of a trademark. Its purpose is to supervise the fairness and openness of the Trademark Office. Confirm trademark rights efficiently and improve the quality of trademark registration review. 1. Conceptual trademark opposition is a legal procedure clearly stipulated in the Trademark Law and the Implementing Regulations of the Trademark Law for publicly soliciting public opinions on a preliminary examination of a trademark. Its purpose is to supervise the Trademark Office to confirm trademark rights fairly and openly, and to improve the quality of trademark rights. Registration review quality. 2. Scope 1. This includes cases where the initially approved trademark is identical or similar to a previously applied trademark, or where the initially approved trademark violates the prohibited provisions of the Trademark Law or the trademark is not distinctive, or where the applicant is not qualified to apply. wait. 2. Anyone can file a trademark objection, and the law does not impose any restrictions on the qualifications of the opponent. 3. The trademark opposition period shall be within three months from the date of announcement of the initially approved trademark. If the last day of the objection period is a legal holiday, it can be postponed to the first working day after the holiday. (Tip: Only the last day can be postponed if it is a legal holiday. If there is a legal holiday during the period, it will not be postponed.) 4. Process: 1. File an objection: fill in the "Trademark Objection Form" and indicate the name and product category of the trademark being opposed. , preliminary approval number, preliminary approval announcement period number, and reasons for raising objections. If it is believed that the opposed trademark is the same as or similar to the opponent’s registered trademark used on the same or similar goods, the product category, trademark name, registration number, etc. of the opponent’s registered trademark should also be filled in. 2. Notification 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, who shall make a written reply within thirty days from the date of receipt of the objection letter. 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. 3. Correction (not a required process): After receiving the opposition application, if the Trademark Office finds that there are problems in the opposition application that need to be corrected, it will send a correction notice to the opponent or trademark agency to make corrections within a time limit. 4. Make a ruling: The Trademark Office shall listen to the facts and reasons stated by the opponent and the opposed party, and make a ruling after investigation and verification. 5. Serve the ruling: After making the objection ruling, the Trademark Office must send the objection ruling to the opponent and the opposed party. There are two results in the opposition ruling: (1) The reason for the objection cannot be established, and the trademark that has been initially approved will be registered; (2) The reason for the objection is sufficient and the objection is established, and the trademark that was initially approved will not be registered. 6. Review: If any party to the objection is dissatisfied with the objection ruling, it may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the objection ruling notice. 5. Situations in which trademark objections are not accepted. If a trademark objection application falls into the following circumstances, the Trademark Office will not accept it: 1. An objection is filed against a trademark that has not been preliminarily approved and announced by the Trademark Office; 2. The objection period exceeds the legal limit. ; 3. There is no clear request and factual basis in the trademark opposition application; 4. Failure to pay the trademark opposition fee within the prescribed time limit; 5. Failure to make corrections within the prescribed time limit or as required. 6. Notes 1. The objection raised by the opponent should have a clear request and factual basis and be supported by corresponding evidence. If the evidence cannot be submitted when filing the objection application, it should be stated in the objection application, and the evidence should be submitted within 3 months from the date of submission of the objection application (supplementary submission can be made by mail within 3 months). 2. The objection is established, including on some designated products. If the objection is established on some designated goods, the trademark registration application on these designated goods will not be approved. 3. The date on which the opponent submits the opposition application to the Trademark Office: if submitted directly, the date of submission shall prevail; if submitted by mail, the date of the postmark shall prevail; if the date of the postmark is unclear or there is no postmark, the date of receipt by the Trademark Office shall prevail. Subject to date. 4. Due to technical reasons, for opposition applications generally filed in the last month of the opposition period, the registration announcement of the opposed trademark may also be published in the "Trademark Announcement". If the registration announcement of the opposed trademark has been published before the opposition ruling takes effect, the original registration announcement will be revoked, and the trademark approved for registration after the opposition ruling will be re-announced.
5. Due to the change in the address of the opponent or the objected person, the Trademark Office issues a notice of objection and the post office is unable to deliver it and returns it. The Trademark Office will publish a delivery announcement in the "Trademark Bulletin" published on the 21st of each month. The document shall be deemed to have been served 30 days from the date of publication of the announcement. 6. If the objection is determined to be untenable and the registration is approved, the time for the trademark registration applicant to obtain the exclusive right to trademark shall be calculated from the expiration of the three-month period from the preliminary announcement. Trademark review