What should I do if someone files a trademark objection? When a trademark applied for registration passes preliminary examination and enters the three-month opposition period after the preliminary announcement, once it is opposed by others, the trademark opposition procedure will be initiated.
Trademark opposition is clearly stipulated in the "Trademark Law" and its implementation rules. It is a legal procedure for publicly soliciting public opinions on the preliminary examination and approval of trademarks. Its purpose is to conduct trademark rights confirmation fairly and openly and improve trademark registration review. quality.
The scope of trademark objections is very wide, including that the initially approved trademark is identical or similar to the previously applied trademark, or that the initially approved trademark violates the prohibited provisions of the Trademark Law or the trademark is not distinctive. nature, and also includes applicants not having the qualifications to apply.
The trademark applied for registration becomes an opposed trademark. Even if a registration announcement has been published, the registration announcement is invalid (Note: In order to publish the "Trademark Announcement" on time, the "Trademark Registration Announcement" is often The printed version will be arranged a few days before the expiration of the opposition period. When someone else’s trademark objection is filed a few days before or even the last day of the opposition period, plus the time required for mailing, there will be both an objection and a being "registered for announcement").
Whether the applicant can obtain the exclusive right to use the trademark depends on the Trademark Office’s ruling on opposition to the trademark. 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. If the respondent fails to make a written reply within the specified period, it will be deemed to have waived the right to reply, and the objection procedure will continue as usual.
Article 33: 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 objected party, and make a ruling after investigation and verification. If the party concerned is dissatisfied, he 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 will make a ruling and notify the opponent and the opposed party in writing.
1. Whether the opposed party files a defense does not affect the Trademark Office’s ruling. However, if you see that the other party’s objection reasons are sufficient, a defense is more necessary. In this case, if the Trademark Office only sees one family's opinion, it will be very detrimental to you.
2. The defense agency fee is 2,000.00 yuan. After winning the objection ruling, it depends on whether the other party applies for review. A registration certificate can be obtained without reexamination. The objection review period is currently approximately 1.5 years, and the time may be extended for complex cases.
3. During this opposition period, can I directly apply for the Chinese part of my trademark? Is it worth it and how feasible is it? Do you mean that the other party only objects to the English part of your trademark? If this is the case, it is worthwhile and feasible to reapply in terms of time considerations.
4. If it is determined that the other party’s objection is not established, it will take more time before the certificate can be issued. After winning the objection ruling, it depends on whether the other party applies for review. If there is no reexamination, the registration certificate can be obtained within two months.