Hello. The necessity of trademark opposition defense

The last hurdle in the trademark registration process. If the defense is successful, the Trademark Office will approve the registration and issue a certificate.

Through the defense, the shaky trademark rights can be stabilized and the trademark can continue to be held.

Objection defense is an important way to prevent your own trademark from being diluted, weakened, vilified, and being copied by others.

Objection defense is the legal right granted to the parties by the Trademark Law. Only by fully exercising it can the parties safeguard the interests of users.

Trademark objection defense process

1. After receiving the trademark objection letter, the Trademark Office generally has to go through the necessary formal review and review the trademark objection letter and related materials that have passed the review. One month after the expiration of the opposition period for the opposed trademark, a copy of the trademark opposition letter will be forwarded to the opposed party, who shall respond within thirty days from the date of receipt of the trademark opposition defense notice. It is up to the respondent to decide whether to respond.

2. When the Trademark Office receives the respondent’s defense, it will make a ruling in accordance with the law based on the facts and reasons stated by the parties. If there is still no defense at the expiration of the time limit, the Trademark Office will make a ruling in accordance with the law as if there is no defense, and the ruling result will be officially The official document is served to the parties.

3. If either party is dissatisfied with the ruling, it may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the ruling, and the Trademark Review and Adjudication Board will make the final decision.

What should you pay attention to when submitting trademark opposition defense materials?

The envelope with a copy of the trademark opposition letter sent by the Trademark Office (to determine whether the defense is filed within the specified time limit) must be accompanied by the opposition defense and Send the materials together to the Trademark Office. If there are foreign language documents in the defense materials provided by the party being opposed, they must be translated into Chinese. Otherwise, the foreign language objection defense will not be used as objection defense materials and will be returned to the party concerned. (See: "Notice on Trademark Opposition Documents in Chinese and Foreign Languages ??Should Be Attached with Chinese Translations" issued by the Trademark Office of the State Administration for Industry and Commerce on January 14, 1997)

Statement and Submission Time Limit for Supplementary Evidence Materials

According to the provisions of Article 22, Paragraph 2 of the Trademark Law, if the party needs to supplement relevant evidence materials after filing an opposition defense, it shall declare it in the opposition defense and 3 days from the date of submission of the opposition defense. Monthly submission; if it is not submitted within the time limit, the party concerned shall be deemed to have provided additional relevant evidence materials. When the Trademark Office does not accept the supplementary defense materials and the objection is established, the opposed party may apply to the Trademark Review and Adjudication Board for review and submit the proposed supplementary materials to the Trademark Review and Adjudication Board.

Contents of trademark opposition defense

Trademark objection defense refers to the legal act in which the respondent in a trademark opposition case defends the objection reasons in writing within the statutory period. Article 33 of the Trademark Law stipulates that 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 objected party, and make a ruling after investigation and verification. If the party concerned is dissatisfied, 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 will make a ruling and notify the opponent and the opposed party in writing.

The respondent's defense should contain the following content:

1. Subject qualifications

Must be the respondent or the agent legally entrusted by the respondent people. If a trademark agency is entrusted with the defense of trademark opposition, a "Trademark Agency Power of Attorney" must be attached. The Trademark Office will make an objection ruling based on the facts and reasons stated by the parties and after investigation and verification, and prepare an objection ruling to notify both parties to the objection.

2. Have clear reasons for objection

In response to the objection reasons and evidence materials provided by the opponent in the "Trademark Opposition Application", the opposed party should provide corresponding defense reasons and evidence. The adequacy of the materials, defense reasons and evidence will play a decisive role in the objection case. Therefore, it is recommended to entrust a professional trademark law firm or agency to represent you.

How to handle trademark opposition

Trademark objection is a legal procedure clearly stipulated in the "Trademark Law" and the "Trademark Law Implementation Regulations" to publicly solicit public opinions on a preliminary examination and approval of a trademark. Its purpose It is to supervise the Trademark Office to confirm trademark rights fairly and openly. Anyone who has different opinions on the preliminary approval of a trademark may file an objection with the Trademark Office within the objection period of three months from the date of the preliminary approval announcement.

There are two ways to file an objection application to the Trademark Office:

(1) Entrust a nationally recognized trademark agency to handle the application.

(2) Go directly to the Trademark Registration Hall of the Trademark Office.

When filing an opposition application to the Trademark Office, you should also submit the following documents:

(1) Trademark opposition application;

(2) Clear requests and facts basis, and attached with relevant evidence materials, the reason for opposition should be signed or stamped with the official seal of the opponent;

(3) A copy of the preliminary approval announcement of the opposed trademark (can be downloaded from the Internet);

(3) p>

(4) Proof of identity of the opponent.

(5) Copy of the person in charge’s ID card.

(6) If you entrust a trademark agency to handle trademark opposition applications, you must also submit a trademark agency power of attorney.

How to calculate the trademark opposition period

Trademark opposition is a necessary procedure for trademark registration stipulated in the Trademark Law. Anyone can file an objection to a trademark that has been initially reviewed and announced to the Trademark Office within the statutory period.

Essentially, a trademark objection is an act in which two parties have a dispute over the confirmation of trademark rights and request the Trademark Office to make an administrative ruling. After a preliminary approval of a trademark is opposed, the rights will be in an uncertain state, and it will not be determined until an effective opposition ruling or judicial judgment is made to determine whether it has been approved for registration. At the same time, the provisions on the trademark opposition period also involve the interests of all parties in a series of subsequent procedures, such as whether the exclusive right of a registered trademark can take effect and the effective starting date, the start and end date of the exclusive right after the registered trademark is renewed, etc. Therefore, determining the starting date of the trademark opposition period is of great significance to the trademark registration review work.

Article 30 of my country’s Trademark Law stipulates: “Anyone may raise objections to a trademark that has been initially approved within three months from the date of announcement.” In practice, the preliminary examination of a trademark is generally The day after the announcement is the starting date for the objection period

I hope this will help you to adopt it.