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What to do if a trademark is opposed

Legal analysis: Objection defense can be conducted within 30 days after receiving the objection defense notice. Materials required for objection defense: the original copy of the trademark agency power of attorney, the reason for defense, the notice of defense or the notice of exchange of review evidence, documents proving the qualifications of the respondent, and relevant evidence materials that can support the reasons for the defense. The specific process of trademark objection and its handling is as follows:

1. File an objection: fill in the "Trademark Objection Form" and indicate the name of the opposed trademark, product category, preliminary approval number, preliminary approval announcement period number, Grounds for objection.

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.

3. Supplements and corrections (not required): 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 supplements and corrections to the opponent or trademark agency. Notice, deadline for correction.

4. Make an objection decision.

Legal basis: "Trademark Law of the People's Republic of China" Article 35 If an objection is raised against a trademark that has been preliminarily approved and announced, the Trademark Office shall hear the facts and reasons stated by the opponent and the person being opposed. , after investigation and verification, a decision will be made on whether to approve registration within twelve months from the expiration of the announcement period, and the opponent and the objected party will 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.