Trademark objections stipulate the legal procedure for publicly soliciting public opinions on the preliminary examination and approval of trademarks. If anyone has different opinions on the preliminary examination and approval of the trademark, he or she can do so within 3 months from the date of the preliminary examination and approval announcement. File an opposition application with the Trademark Office within the opposition period.

If an objection is raised against a trademark that has been initially approved and announced, the Trademark Office shall listen to the facts and reasons stated by the opponent and the opposed party, and after investigation and verification, the Trademark Office shall, within twelve months from the expiration date of the announcement, The Code shall make a decision on whether to grant registration and notify the opponent and the person being opposed in writing.

If the Trademark Office makes a decision not to register and the opponent is dissatisfied, he or she may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall make a review decision within twelve months from the date of receipt of the application, and notify the opponent and the opposed party in writing.

If the opposed party is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice. The people's court shall notify the opponent to participate in the litigation as a third party.

Trademark opposition application process:

1. Entrust a trademark agency to handle the matter

(1) Sign a trademark agency power of attorney and attach the identity certificate of the opponent ( Such as business license, ID card, etc.);

(2) Prepare objection documents: including filling in the objection application, drafting the reasons and factual basis for the objection and attaching relevant evidence;

( 3) The trademark agency shall submit the opposition application to the Trademark Office on behalf of the opponent.

2. Go directly to the trademark registration hall

(1) Prepare objection application documents: including objection application form, objection reasons and factual basis, and attach relevant evidence;

(2) Submit application documents at the trademark registration hall;

(3) Print the bar code at the coding window;

(4) Pay objections at the payment window Fees.

3. Handle by mailing documents

(1) Prepare objection application documents: including objection application form (can be downloaded from the Internet), objection reasons and factual basis, and attach relevant Evidence;

(2) Mail it to the Trademark Office via registered mail or express delivery.

To sum up the above lawsuit, trademark objection means that the prior right holder or interested party or even anyone thinks that the trademark that has been preliminary approved and announced does not comply with the legal provisions and files an objection with the Trademark Office within the announcement period. The Trademark Office will re-verify whether the trademark is approved for registration based on the facts and reasons for the objection.

Legal basis:

Article 33 of the Trademark Law of the People's Republic of China

For trademarks that have been initially approved and announced, the Within three months from the date of the violation, the prior right holder or interested party believes that there has been a violation of paragraphs 2 and 3 of Article 13, Article 15, Paragraph 1 of Article 16, Article 30, and Article 16 of this Law. Article 31 and Article 32, or anyone who believes that the provisions of Article 4, Article 10, Article 11, Article 12 or Article 19, paragraph 4 of this Law have been violated may The Trademark Office filed an objection. If there is no objection at the expiration of the announcement period, the registration will be approved, a trademark registration certificate will be issued, and the announcement will be made.

Article 35

If an objection is raised against a trademark that has been initially approved and announced, the Trademark Office shall listen to the facts and reasons stated by the opponent and the person being opposed, and after investigation and verification, make a decision on its own. A decision on whether to approve registration shall be made within twelve months from the expiration of the announcement period, and the opponent and the objected party shall be notified in writing. If there are special circumstances that require an extension, it can be extended for six months with the approval of the industrial and commercial administration department of the State Council.

If the Trademark Office makes a decision to approve registration, it will issue a trademark registration certificate and make an announcement. If the opponent is dissatisfied, he may request the Trademark Review and Adjudication Board to declare the registered trademark invalid in accordance with the provisions of Articles 44 and 45 of this Law.

If the Trademark Office makes a decision not to register and the opponent is dissatisfied, he or she may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall make a review decision within twelve months from the date of receipt of the application, and notify the opponent and the opposed party in writing.

If there are special circumstances that require an extension, it can be extended for six months with the approval of the industrial and commercial administration department of the State Council. If the opposed party is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice. The people's court shall notify the opponent to participate in the litigation as a third party.

In the process of reexamination by the Trademark Review and Adjudication Board in accordance with the provisions of the preceding paragraph, the determination of the prior rights involved must be based on the results of another case that is being heard by the people's court or is being handled by the administrative agency. Review can be suspended. After the reasons for the suspension are eliminated, the review process should be resumed.