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How to write trademark objection

Objection refers to different opinions. Here it refers to the opinion that the trademark should not be registered after preliminary examination and announcement by the Trademark Office. Opposition is a necessary procedure for trademark registration under the Trademark Law. The opposition procedure means that the Trademark Office publicizes its preliminary approved trademarks in the form of trademark announcements and solicits opinions from all aspects of society. Within the objection period of three months from the date of registration, submit an objection and apply to the Trademark Office for a ruling not to approve the registration of the preliminary approved trademark. If there is no objection within three months from the date of trademark announcement, the Trademark Office will approve the registration of the preliminary approved trademark. An opposition applicant may object to a preliminary approved trademark on all goods or services, or may object to a preliminary approved trademark on some goods or services. Although all trademarks that have passed preliminary examination must go through opposition procedures before they can be approved for registration, and although the setting up of objections provides others with the opportunity to assert opposition rights and brings the possibility of preventing preliminary examination of trademarks from being approved for registration by the Trademark Office, However, not all trademarks initially approved will be opposed by others. The establishment of the opposition procedure is mainly related to these factors: First, the Trademark Office’s examination work cannot yet cover all prior rights, such as prior industrial design patents, utility model patents, prior trademark use rights, etc. Queue the possibility of these rights holders filing objections to the announced preliminary approval trademarks. Second, the trademark examination standards may not be adjusted in time according to the needs of the situation, so that signs that violate the prohibitive provisions of the Trademark Law have also been initially approved. Therefore, non-interested parties may raise objections to the announced preliminary approval of trademarks. Opponents, also known as opposition ruling applicants, refer to natural persons, legal persons or other organizations who raise objections to two pairs of preliminary approval trademarks and request the Trademark Office to rule against registration of the preliminary approval trademarks. The opponent may be a person who has an interest in the objected party or another person who has no interest in the matter. If two or more people raise objections to the preliminary examination and announcement of a trademark, the opponents may be the two or more people. They can be the same applicant for the objection, or they can file objection applications separately. The so-called person who has an interest in the objected party usually refers to the person whose rights conflict with the applicant for subsequent trademark registration, mainly including the exclusive right holder of the previously registered trademark, the holder of the earlier preliminary examination trademark, and the earlier user. Trademark holders, owners or holders of well-known trademarks, industrial design patentees, utility model patentees, copyright holders, portrait rights holders, etc. The so-called other persons who have no interest in the objected party generally refer to persons who have no conflict of rights with the subsequent applicant for trademark registration. The objection grounds of this type of opponent mainly focus on the violation of prohibitive provisions by the opposed trademark. For example, the opponent believes that the opposed trademark lacks distinctiveness, or that the opposed three-dimensional mark is a pattern that can be used to obtain certain technical effects on goods, or that the opposed trademark has adverse effects, etc. Correspondingly, the opposed party refers to the holder of the opposed trademark and is the counterparty to the application for opposition ruling. The same as the opponent, the objected person can also be a natural person, a legal person or other organization. Currently, the opponent should submit an opposition application to the Trademark Office in writing rather than in other forms. In his opposition application, the applicant must clearly state the objection request and state the basic facts and reasons for the objection, including indicating the name of the person being opposed, the trademark being opposed, the registration application date of the trademark being opposed, the preliminary approval number of the trademark being opposed, and the objection being opposed. The goods or services used by the trademark and the category in which they are used, the issue number and publication date of the Trademark Announcement, and a statement that the opposed trademark violates the prohibitive provisions, or a statement that the opposed trademark is the same or similar to the opponent's trademark, goods or services The same or similar facts. The opponent should also attach relevant evidence materials for the Trademark Office to review the application for opposition ruling. Supplementary evidence materials can be submitted to the Trademark Office within three months from the date of application for opposition. If submitted after the deadline, the Trademark Office may not consider it. The specific procedures for opposition are as follows: 1. Acceptance of trademark opposition applications. It refers to the act in which the Trademark Office conducts a formal review of a trademark opposition application filed by a natural person, legal person or other organization, determines that the opposition application meets the formal requirements, and decides to accept the opposition application and prepare for trial. The Trademark Office adopts the principle of “no complaint, no response” to objections. An objection is submitted to the Trademark Office in writing by the opponent, and the opponent's objection request is a prerequisite for the acceptance of the objection.

If the opposition application meets the formal requirements, the Trademark Office will accept the application. 2. Preparatory work before hearing the objection application. Before hearing the opposition application, the Trademark Office must serve copies of the "Notice of Reply to Opposition" and the "Application for Opposition" to the person being opposed. The opponent has the right to object, and the person opposed has the right to reply. In order to facilitate the opposed party to assert its right of reply, the opposed party has the right to know the content of the opponent's objection. If the opposed party wishes to exercise its right of reply, it may submit a written reply to the Trademark Office within 30 days from the date of receipt of the Notice of Objection Reply. Those who are unwilling to exercise the right of reply shall be deemed to have failed to reply. Failure to respond will not affect the Trademark Office’s ruling on the opposition application. After the Trademark Office receives the written defense from the opposed party, it will no longer serve the written defense to the opponent. When the opponent and the opposed party submit an opposition application and defense to the Trademark Office, they should provide relevant evidence and materials. If supplements are needed, they should be processed within three months from the date of submission of the opposition application and defense. 3. Hearing and ruling of objection applications. After the Trademark Office accepts the opposition application and receives the defense, it needs to understand the opponent's objection request and its reasons, as well as the reasons for the objection of the opposed party, and review and confirm whether the legal basis for the opponent's and opposed party's defense is correct and appropriate. During this process, the Trademark Office mainly examines opposition applications through written review. Based on objective facts and evidence, the Trademark Office will rule on the objection application in accordance with the law. The Trademark Office's ruling should apply the law accurately, and the ruling results should be fair and just. According to different opposition applications, the Trademark Office may rule that the opposition application is established for all goods or services, or that the opposition application is not established for all goods or services. It may also rule that the opposition application is established for some goods or services, and not for other parts of the goods. Or the service is not established. The provisions for ruling that an objection is partially established or partially unfounded are newly added to the Trademark Law. Like the ex officio partial rejection procedure, the Trademark Office’s ruling that the objection is partially established or partially unfounded also has sufficient legal basis and rationality. Ruling that the objection is partially established or not can accurately divide the scope of the rights of the parties, and based on this, it provides the parties with the possibility of the rights they should enjoy. If the Trademark Office makes a ruling on an opposition application, the Trademark Office shall notify the party concerned in writing of the ruling. If there is an agent, the agent shall be notified. The Trademark Office's ruling must state the name of the opponent, the opponent, the opponent's objection request and reasons, whether the opponent has made a reply, and if the opponent has made a reply, indicate the reasons for the reply, the Trademark Office's ruling and its reasons, Legal basis, as well as the ruling review authority and review application deadline, etc.