Trademark opposition is clearly stipulated in the Trademark Law. The preliminary review is open and fair, which improves the quality of trademark registration review. So what is the process and time for applying for trademark opposition? Today I will explain to you about intellectual property rights.

1. Trademark Opposition Period

1. The opponent can only object to a trademark that has been preliminary approved by the Trademark Office and published in the "Trademark Announcement" within the opposition 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.

2. The objection raised by the opponent should have a clear request and factual basis and be supported by corresponding evidence. To whom should a trademark opposition application be filed? 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).

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

Trademark Objection Process

2. Trademark Objection Process

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 date, reason for objection

2. Notice of defense

The Trademark Office receives the objection letter and relevant evidence Afterwards, a copy of the objection letter will be sent to the respondent, who shall make a written reply within thirty days from the date of receipt of the objection letter. 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. Make a ruling

The Trademark Office shall listen to the facts and reasons stated by the opponent and the opposed party, and make a ruling after investigation and verification.

4. Delivery of the Ruling Letter

After making the objection ruling, the Trademark Office must send the Opposition Ruling Letter to the opponent and the opposed party.

There are two results in the objection ruling:

(1) The reason for the objection cannot be established, and the trademark that has been initially approved will be registered;

(2) The reason for the objection If the objection is sufficient, the objection is established and the original trademark that was initially approved will not be registered.

5. Review

If any party to the objection is dissatisfied with the objection ruling, it may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice of objection ruling.

3. Trademark opposition time:

1. The time for trademark opposition is 3 months, calculated from the date of the preliminary approval announcement of the opposed trademark to the day before the registration announcement. The time limit for trademark opposition defense is 30 days, calculated from the date of receipt of the defense notice.

2. If the evidence cannot be submitted when filing the objection application, it shall be stated in the objection application and the evidence shall be submitted within 3 months from the date of submission of the objection application.

In the era of intellectual property rights, as the number of trademark registrations continues to increase, the probability of similar trademarks appearing is also increasing. For information such as trademark opposition time and process, please come to us for further consultation! Trademark opposition time Trademark opposition process