Due to the development needs of enterprises, many Chinese enterprises apply for trademarks in order to legally and effectively carry out trade activities overseas. However, some applicants will be opposed when applying for trademarks. Trademark opposition refers to the public's objection to the trademark not being registered within the statutory period against a trademark that has been initially reviewed and announced. If the trademark objection is timed, the Trademark Office is required to expiry of the three-month objection period. Do not approve the trademark registration later. my country's Trademark Law stipulates that prior rights holders and interested parties are allowed to raise objections on relative grounds, or anyone can raise objections on absolute grounds.

The objection raised by the opponent should have a clear request and factual basis and be supported by corresponding evidence. If there is a question about the timing of trademark opposition, if the evidence cannot be submitted when filing the opposition application, it should be stated in the opposition application, and the evidence should be submitted within 3 months from the date of filing the opposition application (replenishment can be submitted by mail within 3 months ).

An opponent can only object to a trademark that has been initially approved by the Trademark Office and published in the Trademark Announcement within the objection period. The trademark opposition period is 3 months, calculated from the date of the preliminary approval announcement of the opposed trademark to the day before the registration announcement. If the last day of the trademark opposition period is a legal holiday, it can be postponed to the first working day after the holiday.

After receiving the trademark objection application, the Trademark Office will, after formal review, issue a "Notice of Acceptance" if it meets the acceptance conditions. What is the success rate of trademark opposition? If the objection application is submitted by the opponent himself, the Trademark Office will directly send the "Notice of Acceptance" to the opponent; if a trademark agency is entrusted to handle the trademark opposition application, the Trademark Office will send the "Notice of Acceptance" to the opponent. Trademark agency.

If the opposition fee is paid by bank transfer, a copy of the remittance slip kept by the opponent should be sent to the Trademark Office together with the opposition application. When the Trademark Office receives the objection application, if it does not receive a copy of the remittance order, the Trademark Office will send a "Payment Notice" to the opponent. The opponent should pay the fees in accordance with the "Payment Notice" and mail a copy of the retained remittance slip to the Trademark Office together with the "Payment Notice".

The date on which the opponent submits the opposition application to the Trademark Office: if submitted directly, the date of submission shall prevail; if submitted by mail, the date of the postmark shall prevail; if the date of the postmark is unclear or there is no postmark, The actual receipt date by the Trademark Office shall prevail.

The time limit for trademark opposition defense during the trademark opposition period is 30 days, calculated from the date of receipt of the defense notice. The requirements and time limits for trademark opposition correction and submission of evidence during the opposition period also apply to the defense procedure.

Warm reminder: Trademark opposition and objection review generally take about 2 years to complete. After starting the trademark opposition procedure, please wait patiently for the Trademark Office to make the objection ruling. If you have other questions, you can consult Intellectual Property for more details. Trademark opposition success rate Trademark opposition time