What is a trademark objection?

Trademark opposition is a legal procedure clearly stipulated in the "Trademark Law" and the "Trademark Law Implementing Regulations" for publicly soliciting public opinions on a preliminary approved trademark. If you have different opinions on a preliminary approved trademark, you can Objections must be submitted to the Trademark Office within 3 months from the date of announcement.

The person who files a trademark objection can be any prior right holder or interested party, it can be a trademark registrant or a non-trademark registrant, it can be an enterprise, an institution, or an individual.

What should I do if my trademark is opposed?

After accepting the trademark opposition application, the Trademark Office will send the opponent's "Trademark Opposition Application" and copies of the objection reasons and evidence materials to the opposed party, limiting the date of receipt by the opposed party. If the respondent fails to make a written reply within the specified period, it shall be deemed to have waived the right to reply.

Trademark Objection Defense

If the opponent chooses to give up the defense, or fails to respond in time within the prescribed time limit, it will be deemed to have given up its right to defend; thereafter the Trademark Office will follow Based on the reasons for the objection and relevant evidence raised by the opponent, we will decide whether the opposed trademark is similar to the trademark and whether the trademark was registered in bad faith. There is a high probability that a trademark will be declared invalid.

If the opposed party chooses to respond within the prescribed period, the opposed party can make a targeted rebuttal based on the reasons for the trademark opposition, such as submitting evidence of trademark use to refute the lack of distinctiveness of the trademark and the bad faith registration of the trademark. Comprehensively analyze the trademark constituent elements to refute that the trademarks are similar or identical.

After carefully listening to the facts and reasons stated by the opponent and the opposed party, and after investigation and verification, the Trademark Office will make a ruling within twelve months from the expiration date of the announcement: If the reasons for the objection are If the reason for the objection is not established, the objection trademark will be approved for registration; if the reason for the objection is established, the objection trademark will be declared invalid.

What issues should be paid attention to when responding to objections?

1. Focus on the key points

When arguing that the trademarks are not similar, describe the sound, shape, meaning, etc. of the trademarks; to argue that the goods are not similar, explain the similarities from the goods themselves. The difference, especially whether it affects consumers’ purchase and use.

2. Outstanding advantages

If the trademark of the opposed party has a certain degree of originality, or it has prior rights, it must be stated as important content. These are the powerful reasons for the opposed party to reasons and arguments.

When the opposed party claims prior rights in trademark application and registration, it is critical whether the right holder has claimed to protect its rights in my country, because my country’s Trademark Law stipulates that prior to application and registration According to the registration principle, trademarks that have been applied for or registered in my country are more convincing than trademarks registered in other countries or regions.

3. Highly targeted

The defense must refute the objection's reasons point by point, with reason and evidence. The person being opposed must show the authenticity of the content of the reply, and also Evidence must be provided to prove that the defense is well-founded and not fabricated out of thin air.

4. Defend on time

According to the provisions of the Trademark Law, the time limit for defense is thirty days from the date the opponent receives the notice of defense. Overdue defense will be treated as undefended. ; The supplement of defense materials is not indefinite, so if you still need to supplement the defense materials, they must be submitted in time.

5. A professional team does professional things

Objection defense requires a professional team. An experienced agency arranges dedicated personnel to write the case and complete the objection defense procedures. The agency refutes the objection grounds through its defense and provides corresponding evidence materials to try its best to get the trademark it applied for approved for registration.

When a trademark is opposed by others, the applicant does not need to panic and analyze and overcome the objections one by one based on the reasons for the objection. The narrative of the trademark opposition defense should be compact in content, clear in logical relationships, focused, and concise. As long as the point of view is clearly stated, it can play its due role.