When the trademark applied for registration passes the 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. 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 published a few days before the expiration of the opposition period. The printed version will be arranged every day. When someone else’s trademark objection is filed a few days before or even the last day of the opposition deadline, plus the time required for mailing, there will be a situation where both the objection and the "registration announcement" will be filed. ). 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 reasons for the objection and evidence materials to the opposed party. A reply must be made within 30 days from the date of the copy of the trademark objection letter, etc. If the opponent fails to make a written reply within the limited time limit, it will be deemed to have waived the right to reply, and the objection procedure will continue as usual.

The respondent's defense should contain the following content:

The person's subject qualifications

Must be the respondent or the agent legally entrusted by the respondent people.

If a trademark agency is entrusted with the trademark objection defense, a "Trademark Agency Power of Attorney" must be attached.

The Trademark Office will make an objection ruling based on the facts and reasons stated by the parties and after investigation and verification, and prepare an objection ruling to notify both parties to the objection.

Have clear reasons for objection

In response to the objection reasons and evidence materials provided by the opponent in the "Trademark Opposition Application", the opposed party should submit corresponding defense reasons and evidence materials. The adequacy of the defense reasons and evidentiary materials may play a decisive role in the objection case.

Time limit for defense

The Trademark Law stipulates that the opposed party must submit defense materials to the Trademark Office within 30 days from the date of receipt of the trademark objection letter. According to the provisions of Article 10 of the "Regulations for the Implementation of the Trademark Law", if the party submits the defense and relevant evidence materials directly, the date of submission shall prevail; if it is mailed, the date of the postmark shall prevail. If the postmark date is unclear or there is no postmark, the actual date of receipt by the Trademark Office shall prevail. The last legal holiday can be extended by one day. However, this is excepted if the party concerned can provide evidence of the actual postmark date. Although the law stipulates this proviso, the parties concerned should try their best to send the objection reply within the objection period and ensure that the postmark is clear to avoid unnecessary trouble. If the respondent's defense materials are submitted by mail and the postmark date is unclear, the date of actual receipt by the Trademark Office will be the date of defense. If the actual receipt date exceeds the statutory opposition period, it may result in a ruling being made, which will inevitably have an adverse impact on the interested parties and will also have a negative impact on the Trademark Office’s opposition review work.

Regardless of whether the opposed party fails to respond or fails to respond within the prescribed time limit, the Trademark Office will make a ruling in accordance with the law.

Other attached materials

The envelope in which the Trademark Office sends a copy of the trademark opposition letter (used to determine whether the defense is filed within the specified time limit) must be sent together with the opposition defense and materials. Trademark Office.

Notes

1. If there are foreign language documents in the defense materials provided by the objected party, they must be translated into Chinese. Otherwise, the foreign language objection defense will not be used as objection defense materials. used and returned to the party concerned. (See:

The Trademark Office of the State Administration for Industry and Commerce issued the "Notice on Trademark Opposition Documents in Chinese and Foreign Languages ??Should Be Attached with Chinese Translations" on January 14, 1997

)

2. Statement on supplementary evidence materials and time limit for submission

According to the provisions of Article 22, Paragraph 2 of the "Regulations on the Implementation of the Trademark Law", if the party needs to supplement relevant evidence materials after filing an objection defense, The statement should be made in the objection and defense letter and submitted within 3 months from the date of submission of the objection and defense letter; if it is not submitted within the time limit, it will be deemed that the party concerned has given up on supplementing the relevant evidence materials.

When the Trademark Office does not accept the supplementary defense materials and the objection is established, the opposed party may apply to the Trademark Review and Adjudication Board for review and submit the proposed supplementary materials to the committee.