1. What is a Trademark Objection Ruling? Trademark objection means that the prior right holder or interested parties believe that the trademark that has been initially determined and announced by the Trademark Office is not legal. The Trademark Office expressed the opinion that registration should not be granted. According to the provisions of the Trademark Law, the National Trademark Office is responsible for adjudicating trademark objections. After the deadline for objection defense and supplementary materials prescribed by law has expired, the Trademark Office will summarize the objection or defense materials submitted by both parties to the objection and transfer them to the opposition ruling department of the Trademark Office for scheduling and ruling in accordance with the procedures. If the defense materials or supplementary evidence materials are submitted within the time limit, it will be deemed to have waived the right to defend or supplement evidence materials. The Trademark Office will make a ruling in accordance with the law after understanding the facts and reasons stated by the opponent and the opposed party based on the existing evidence and materials, and after investigation, verification and confirmation. The ruling results will be notified to both opposing parties in the form of a "Trademark Objection Ruling". 1. In the trademark opposition ruling, the Trademark Office briefly describes the facts and reasons stated by both parties, and explains in more detail the reasons why the opposition is established or not. (1) If the reason for the objection is established - the original preliminary approved trademark will not be approved for registration, and the Trademark Office will reject the registration application for the opposed trademark. (2) If the reason for the objection is not established - the original preliminary approved trademark will be approved for registration, and the Trademark Office will publish a registration announcement and issue a certificate. (3) If the reason for the objection is established on some goods or services - among the original preliminary approved trademarks, the application for trademark registration on this part of the designated goods will not be approved for registration, and the registration of the opposed trademark on this part of the goods will be rejected; the application will be approved. If an objectionable trademark is registered on another part of the designated goods for which the objection is not established, the Trademark Office shall publish a registration announcement and issue a trademark registration certificate for the approved part. (This is the purpose of the new Trademark Law to protect the interests of the applicant for trademark registration, that is, the opposed party, to the maximum extent, and to avoid the overall rejection of the opposed trademark due to conflicts with other people’s prior rights on some of the designated goods or services. , and the new content formulated.) If the party concerned does not apply for review of the ruling made by the Trademark Office within the statutory period of 15 days from the date of receipt of the "Notice of Objection Ruling", the ruling will take effect. 2. If it is determined that the objection (or part of it) cannot be established and the registration is approved, the time for the trademark registration applicant to obtain the trademark shall be calculated from the expiration of three months from the initial announcement. 3. For trademarks approved for registration by the opposition ruling, the trademark opposition ruling announcement shall be published in full with the approved registration content of the opposed trademark. For a trademark approved for registration after an opposition ruling, the time limit for filing an application for review shall be calculated from the date of the announcement of the trademark opposition ruling. 4. For a trademark approved for registration after an opposition ruling, from the expiration of the trademark opposition period until the opposition ruling takes effect, there will be no retroactive effect on others’ use of signs that are identical or similar to the trademark on the same or similar goods. 5. If you are dissatisfied with the opposition ruling, either the opponent or the opposed party may apply to the Trademark Review and Adjudication Board for review within 15 days from the date of receipt of the "Notice of Opposition Decision", that is, trademark opposition review. The Trademark Review and Adjudication Board will make a review decision on the objection review. If the objection is justified, the opposed trademark will be returned to the Trademark Office for rejection; if the objection is not justified, the opposed trademark will be submitted to the Trademark Office for approval and registration and the registration will be announced. Currently, the entire opposition procedure at the Trademark Office takes about one and a half to more than two years from opposition acceptance to opposition ruling. If a party is dissatisfied with the Trademark Office's decision and files an objection review, it will take more than two years for the review committee to make a ruling on the trademark objection review. If the party concerned is still dissatisfied with the review ruling, he can also file a lawsuit with the People's Court, which may take longer. 2. The basic procedure for ruling on trademark opposition is that after receiving the Trademark Objection Letter, the Trademark Office will forward a copy of it to the objected party The person is ordered to make a written reply within the prescribed time limit (within 30 days from the date of receipt of the notice), and then a ruling will be made after investigation and verification based on the reasons stated by both parties. If the defense is not submitted after the expiration of the defense period, the party opposed will be deemed to have waived the right to vote, and the ruling will proceed as usual, and both parties will be notified of the ruling results. If the party is dissatisfied, it may apply to the Trademark Review and Adjudication Board for review within 15 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. If the party concerned is dissatisfied with the ruling of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within 30 days from the date of receipt of the notice.
The people's court shall notify the other party to the trademark review procedure to participate in the litigation as a third party. In summary, the above is a detailed explanation of the definition of trademark opposition ruling, as well as a further explanation of some basic procedures for trademark opposition ruling. I believe that through the above introduction, you will have a deeper understanding of issues related to trademark opposition adjudication. We must learn to use the law to protect our legitimate rights and interests. When encountering trademark objections, we can handle them more rationally and avoid detours.