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How to file a trademark objection?

Trademarks play an important role in brand development, and can even be said to be the lifeline for a brand to gain a foothold in the market. How many companies or entrepreneurs have tried hard to think of a trademark name at the beginning of the brand establishment, but in this case, when submitting registration applications multiple times, a trademark search found that someone had applied for the trademark before. If the exclusion is a coincidence due to similar reasons, then it's likely that someone snatched the trademark away. What should you do if you find out your trademark has been stolen? Trademark objections can be filed within a specified period.

Trademark opposition time regulations:

If a trademark has been in use but has not applied for registration, it can easily be registered by others. If it is found that the registered trademark has been approved, the trademark can be declared invalid.

For registered trademarks that have not yet been approved, during the preliminary examination announcement period, if the preliminary examination announcement period is three months, trademark objections can be filed with the Trademark Office from the date of the preliminary examination announcement. The announcement will be reviewed until the day before the end of the announcement period.

After receiving the objection application, the Trademark Office will issue a "Notice of Objection". The respondent shall make a written reply within thirty days from the date of receipt of the notice.

The Trademark Office shall listen to the facts and reasons stated by the opponent and the opponent, and upon investigation and verification, make a decision on whether to register within 12 months from the expiration of the announcement period, and notify the opponent and the respondent.

If the opposing parties are dissatisfied with the Trademark Office’s ruling, they shall 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 shall make a review decision within 12 months from the date of receipt of the application, and notify the opponent and the opposed party in writing.

If the opposed party is dissatisfied with the Trademark Review and Adjudication Board’s ruling, it may file a lawsuit with the People’s Court within thirty days from the date of receipt of the notice. The people's court shall notify the person opposed to participate in the litigation as a third party.

The procedure for filing a trademark objection:

File an objection--notify the defense--make a ruling--serve the ruling--review

In addition, it should It should be noted that if evidence cannot be submitted when raising an objection, it should be stated in the objection application and the evidence should be submitted within three months from the date of filing the objection.

The above is an introduction to the time regulations and procedures for trademark opposition. Filing a trademark objection is an effective way to protect your rights and interests. However, due to lack of understanding, many people are not very clear about the process time, and may eventually miss the best time to file an objection. This requires professional help. It is recommended to entrust Bajie Intellectual Property Trademark Transfer Network to start with trademark inquiry.