What are the time limits for trademark objections?

The time limit for filing an objection is limited to three months from the date of announcement. Objections cannot be raised against trademarks that have been initially approved but have not yet been announced, and trademarks that have been announced but have been announced for more than three months. This provision objectively ensures that trademark registration can be carried out normally and safeguards the interests of trademark registration applicants. It also allows those who want to raise objections enough time to obtain the trademark information announced in the preliminary examination. How to handle trademark objections

1. Trademark opposition refers to a natural person, legal person or other organization who, within the legal period, raises different opinions on the trademark that has been initially reviewed and published by the Trademark Office by the trademark registration applicant and requires the trademark to be The Office rejected the trademark registration application.

The person who files the objection is the opponent, and the applicant for trademark registration is the opposed party. The initially approved trademark is called the opposed trademark.

2. The objection must be filed within the statutory time limit

In order to protect the interests of trademark registration applicants and improve registration efficiency, the Trademark Law sets a time limit for objections, that is, starting from the preliminary examination and approval Three months from the date of announcement.

3. Documents to be submitted

A. Submit the "Trademark Objection Application".

B. If a trademark agency is entrusted with the trademark objection, a "Trademark Agency Power of Attorney" must be attached.

C. There are clear objection requests, objection reasons and evidence materials

D. If there are foreign language documents in the objection documents provided by the opponent, they must be translated into Chinese.

If the Trademark Office does not accept the supplementary objection materials and the objection is not established, the opponent may apply to the Trademark Review and Adjudication Board for review and submit the proposed supplementary materials to the Trademark Review and Adjudication Board.

After receiving the objection letter, the Trademark Office will issue a "Notice of Objection Acceptance" and send a copy of the trademark objection letter to the person being opposed. The respondent is required to make a written reply within thirty days from the date of receipt of the notice of objection and a copy of the objection. What documents are required for trademark opposition?

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 impartiality of the Trademark Office , conduct trademark rights confirmation publicly. Anyone who has different opinions on the preliminary approval of a trademark may file an objection with the Trademark Office within the three-month objection period from the date of the preliminary approval announcement.

Documents that should be submitted

(1) Trademark opposition application;

(2) Clear request and factual basis, together with relevant evidence materials;

(3) A copy of the preliminary approval announcement of the opposed trademark;

(4) The identity certificate of the opponent.

(5) If you entrust a trademark agency to handle trademark opposition applications, you must also submit a trademark agency power of attorney. What should you pay attention to when applying for trademark opposition?

Notes

1. After receiving the trademark opposition application, the Trademark Office will issue a "Notice of Acceptance" if it meets the acceptance conditions after formal review. If the objection application is submitted by the opponent himself, the Trademark Office will directly send the "Notice of Acceptance" to the opponent; if a trademark agency is entrusted to handle the trademark opposition application, the Trademark Office will send the "Notice of Acceptance" to the opponent. Trademark agency.

2. The opponent can only object to the trademark published in the "Trademark Announcement" that has been preliminary approved.

3. The opponent can only object to the trademark that has been preliminary approved and announced within the objection period. The opposition period is 3 months, calculated from the date of the preliminary approval announcement of the opposed trademark to the day before the registration announcement.

4. 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 filing the objection application (replenishment can be submitted by mail within 3 months).

5. If the last day of the objection period is a legal holiday, it can be postponed to the first working day after the holiday.

6. The time limit for trademark objection defense is 30 days, calculated from the date of receipt of the defense notice. The requirements and time limits for supplementing objections and submitting evidence also apply to the defense process.

The above is the time for trademark objection provided by the editor. I hope you like it! Trademark objection