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What does the result of a trademark opposition ruling include?

Legal analysis: After making the objection ruling, the bidding office must send the objection ruling to the opponent and the objected party. There are two outcomes in the opposition ruling: (1) The grounds for the objection are not established and the trademark that has been initially approved will be registered; (2) The grounds for the objection are sufficient and the objection is established. Preliminarily approved trademarks will not be registered. (2) The reason for the objection is sufficient and the objection is established. Preliminarily approved trademarks will not be registered.

Legal basis: "Trademark Law of the People's Republic of China"

Article 35 If an objection is raised against a trademark that has been initially approved and announced, the Trademark Office shall hear the objection and the objection The opponent shall state the facts and reasons, and after investigation and verification, make a decision on whether to approve registration within twelve months from the expiration of the announcement period, and notify the opponent and the opponent 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 being heard by the people's court or being handled by the administrative agency. Review can be suspended. After the reasons for the suspension are eliminated, the review process should be resumed.

Article 36: Upon expiration of the statutory period, the party concerned fails to apply for review of the Trademark Office’s decision to reject the application or disapprove registration, or fails to file a lawsuit in the People’s Court against the review decision of the Trademark Review and Adjudication Board. , the decision to reject the application, deny registration or review decision takes effect.

For a trademark that is approved for registration after examination and objections are not established, the time for the trademark registration applicant to obtain the exclusive right to trademark shall be calculated from the expiration of the three-month period from the preliminary approval announcement. From the expiration of the trademark announcement period until the decision to approve registration is made, there will be no retroactive effect on others' use of signs that are identical or similar to the trademark on the same or similar goods; however, due to the bad faith of the user, Any losses caused to the trademark registrant shall be compensated.