Every enterprise needs to register its trademark when developing its own brand, but in the process of registration, there may be some uncontrollable problems, such as the trademark being objected and rejected; Sometimes when we see that there is something wrong with the registered trademark submitted by others, which will harm our own interests, we can also raise objections to that trademark.

Trademark objection refers to the public's objection to the non-registration of a trademark that has been preliminarily approved and announced within the statutory time limit, that is, it requires the Trademark Office not to approve the registration of the trademark after the expiration of the prescribed three-month objection period. What should I pay attention to when there are trademark objections and objections?

1. The objector can only raise objections to the trademark published in the Trademark Announcement after preliminary examination and approval by the Trademark Office within the objection period. The objection period is 3 months, counting from the date of the announcement of the preliminary examination and approval of the objected trademark to the day before the registration announcement.

2. The objection raised by the objector should have clear request and factual basis and be supported by corresponding evidence. If the evidence cannot be submitted at the time of filing the objection application, it shall be declared in the objection application, and the evidence shall be submitted within 3 months from the date of submitting the objection application (it can be submitted by mail within 3 months).

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

4. If the objection fee is paid by bank remittance, a copy of the remittance slip retained by the objector shall be sent to the Trademark Office together with the objection application. When the Trademark Office receives the objection application, if it does not receive a copy of the remittance slip, it will send the Notice of Payment to the objector. The dissenter shall pay the fees in accordance with the Notice of Payment, and send a copy of the remittance slip together with the Notice of Payment to the Trademark Office.

5. After receiving the trademark objection application, the Trademark Office will issue a Notice of Acceptance after formal examination. If the objection application is submitted by the objector himself, the Trademark Office will directly send the Notice of Acceptance to the objector; If the trademark agency is entrusted to handle the trademark objection application, the Trademark Office will send the Notice of Acceptance to the trademark agency.

6. The time limit for trademark objection defense is 3 days, counting from the date of receiving the notice of defense. The requirements and time limit for objection correction and evidence submission are also applicable to the defense procedure.

7. Date when the objector submits the objection application to the Trademark Office: if it is submitted directly, the date of submission shall prevail; If it is sent by post, the postmark date shall prevail; If the postmark date is unclear or there is no postmark, the date actually received by the Trademark Office shall prevail.

8. Due to the technical reasons for the typesetting of the paper Trademark Announcement, an objection application filed in the last month of the objection period may also include the registered announcement of the objected Nanjing trademark. Therefore, the second paragraph of Article 23 of the Regulations for the Implementation of the Trademark Law stipulates: "If the objected trademark has published a registered announcement before the objection ruling takes effect, the original registered announcement shall be revoked, and the registered trademark approved by the objection ruling shall be announced again." Trademark objections and rulings are published in the Trademark Announcement published on the 28th of each month.

9. Due to the change of the address of the objector or the objector, the Trademark Office issued a notice about the objection, and the post office failed to deliver it and was returned. The Trademark Office will publish a service announcement in the Trademark Announcement published on the 21st of each month. After 3 days from the date of announcement, the document shall be deemed to have been delivered.

master the skills of trademark objection! ! ! !

1. Get to the point and be clear.

in view of the objection, the defense should be clear in logical relationship, compact in content and concise in description. The factual basis should be targeted, focused and well-founded, and the well-founded aspects should be discussed comprehensively and in detail.

when arguing that trademarks are not similar, first determine whether they belong to similar goods, and explain the difference from the goods themselves, especially whether it affects consumers' purchase and use; Then, on the premise that they belong to similar goods, they argue that trademarks are not similar, and they should be described separately from the aspects of sound, shape and meaning of trademarks. At the same time, they have obtained different descriptions through the actual use of the objected trademarks, and finally clearly come to the conclusion that they are not similar.

3, the needle is strong.

the contents in the reply cannot be divorced from the contents of the notice of reply to trademark objection and the reasons for objection, or completely unrelated to the contents of the objection. The defense is to refute the reasons of the dissidents one by one.

4. Provide sufficient evidence.

Rationality must also be based on evidence, and the objector should show the authenticity of the content of the defense, so it is necessary to provide relevant evidence to support the content of the defense.

5. Professional teams do professional things.

Objection defense needs to be done by a professional team, and experienced agencies arrange special personnel to write cases and do well the objection defense procedures. The agency refutes the reasons for objection through defense and provides corresponding evidence materials, so as to allow the trademark it applied for to be registered as much as possible.

Step 3: Make clear the objection defense procedure! ! ! !

1. The trademark objection defense must be made within one month;

2. One month after the application for trademark objection defense is submitted, the Trademark Office of China will issue the Notice of Acceptance of Trademark Objection Defense;

within 3, 6-12 months, the Trademark Review Federation ruled on trademark objections and issued the Notice of Adjudication of Trademark Objection;

4. If either party is not satisfied with the ruling, it can require the review federation to review the ruling within the required time. If it is not satisfied with the review ruling, it can file a trademark objection with the people's court, and the people's court will judge the trademark objection.