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How should an enterprise whose trademark is opposed be defended to have the best chance of winning?

We usually say that trademark registration takes a long time. There are too many unstable factors in the trademark review period, because when a trademark is applied for registration, if it has passed the preliminary review, it will go through 3 more times. There is a three-month opposition announcement period, during which any company or individual that has objections to the announced trademark can file an objection with the Trademark Office. When a trademark is opposed during this period, how should a company respond to maximize its chances of winning?

After accepting the trademark opposition application, the Trademark Office will send the opponent's "Trademark Opposition Application" as well as copies of the objection reasons and evidence materials to the opposed party, limiting the time the opposed party receives it. If the respondent fails to make a written reply within the specified time limit, it shall be deemed to have waived the right to reply.

As the party being opposed, the company can choose to respond or not to respond. Responding can provide some help for subsequent opposition rulings. If it does not respond, the trademark will be deemed invalid and will have a greater chance of not being approved. Therefore, under normal circumstances, companies can try to defend their trademarks to gain a chance of success.

You cannot win blindly in the defense. Generally, you need to pay attention to the following points, which will be beneficial to the defense and continue to approve and register your trademark with the Trademark Office.

① Outstanding Advantages

Collect relevant evidence. The registered trademark must have some originality, and it has the prior right to apply, which can be used as evidence.

② Defend on time

According to the provisions of the Trademark Law, the time limit for defense is thirty days from the date the opponent receives the notice of defense. Overdue defense will be treated as undefended. The supplement of defense materials is not indefinite, so if you still need to supplement materials for the defense, they must be submitted in time.

③Grasp the key points

If the reason for the objection is that the trademarks are similar, you can elaborate on the pronunciation, glyphs, and meanings of the words of the opposed trademark. If the content of the objection is that the goods are similar, , the difference between the two can be explained from the product itself, especially whether it affects consumers' purchase and use.

④Highly targeted

The defense is to refute the objections raised by the opponent one by one, and each item requires evidence. The opponent must show the truth of the content of the reply. sex, proving that his defense is well-founded and not fabricated out of thin air.

In addition, trademark objection defense can also be defended with the help of a professional team. After all, the power of an individual is limited. Assuming that the opponent is well prepared, the experienced personnel of a professional trademark agency can help Improve the success rate of trademark registration. Therefore, under normal circumstances, do not give up so quickly when your trademark is opposed. There is still a chance of winning the defense.