How to resolve trademark objection defense? In the process of applying for trademark registration, you finally passed the preliminary approval. You can get the trademark registration certificate after the 3-month announcement period is successfully completed. At this time, your trademark is opposed! According to the provisions of the Trademark Law, any individual or enterprise can file an objection application to the Trademark Office. The purpose of doing so is to confirm the trademark rights fairly and openly, thereby improving the quality of trademark registration review.

So, don’t panic when you encounter trademark objections. After accepting the trademark opposition application, the Trademark Office will promptly send the opponent's "Trademark Opposition Application" and copies of the objection reasons and evidence materials to the opponent, and the opponent will be limited to the date when the opponent receives copies of the trademark opposition letter, etc. Defend within 30 days. At this time, the defense of trademark objection is very important, and may even determine whether your trademark can be successfully registered. So, how to defend a trademark opposition? Let me tell you a few key points about intellectual property rights.

1. Defend on time and on schedule

First of all, the most important point is to defend on time, defend on time, defend on time! Say important things three times.

If you fail to respond within the time limit specified by the Trademark Office, it will be regarded as a waiver. At that time, you will have to resign yourself to your fate and you will not even have a chance to fight for it.

So, no matter what, it must be handled as soon as possible and the defense must be conducted within 30 days from the date of receipt of the defense notice.

I would also like to remind everyone that if you change your address during this period, remember to submit a trademark change application and keep in touch with the Trademark Office or trademark agency to avoid missing the notice issued by the Trademark Office.

2. Key points for writing a defense letter

The trademark opposition defense letter can be written by the applicant himself, or he can entrust an agency to write it.

When writing the defense letter, you need to pay attention to writing it according to the required format of the defense letter, and at the same time, give a highly targeted, comprehensive and reasonable description of the reasons for the trademark objection.

There are two main types of trademark objections. One is that the trademark is identical or similar to a registered trademark, and the other is that the trademark violates the prohibition clause.

After receiving the objection letter, the respondent must carefully analyze the reasons for the objection. For example, when you want to argue that trademarks are not similar, you can describe the sound, shape, and meaning of the trademark to reflect your originality; you can also discuss it from the category of goods used to explain that it will not cause confusion among relevant consumers about the source.

The opponent's defense should focus on the reasons for the objection, analyze and refute the opponent's views one by one, and put forward his own reasonable and legal opinions.

3. Regarding defense materials

In many cases, trademark opposition defense does not only require a defense letter, but also provides some evidence materials to prove the authenticity of the content.

Therefore, after the defense letter is written, it is best to prepare and complete the corresponding evidence materials and submit them as attachments.

If for some reason the defense cannot be submitted together with the defense, the corresponding evidence can be submitted within 3 months after the defense is submitted.

The Trademark Office will make a ruling within 12 months from the expiration of the announcement period after investigation and verification based on the facts and reasons stated by the opponent and the opposed party.

The above is how to solve the trademark objection defense? all content. If your situation is more complex, Intellectual Property also provides intellectual property consulting services, and you are welcome to conduct trademark consultation. Trademark opposition defense process Trademark opposition defense