Objection during the trademark publicity period means that during the last three months of the trademark publicity period, someone else raises an objection to the trademark and submits supporting documents to the State Trademark Office. If the information provided by the other party can fully prove his If a trademark has priority rights, the trademark application may be rejected.

If the trademark was registered through an agency, your agency will receive a document issued by the state regarding the objection, and the objection can be analyzed based on the situation in the document. The reason is to look at the success rate of objection review in a specific analysis. If the success rate of objection review is high,

you can conduct objection review through an agency. Because objection review requires writing some materials, it is best to It may be more professional to submit objection review through the name of an agency.

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 opposed party, and after investigation and verification, make a decision within twelve months from the expiration of the announcement period. Make a decision on whether to grant registration and notify the opponent and the person being opposed 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.

Extended information:

"Trademark Law of the People's Republic of China"

Article 28 For a trademark applied for registration, the Trademark Office shall automatically If the review is completed within nine months from the date of receipt of the trademark registration application documents, and if it complies with the relevant provisions of this Law, a preliminary review and announcement will be made.

Article 29 During the examination process, if the Trademark Office believes that the contents of the trademark registration application need explanation or correction, it may require the applicant to make explanations or corrections. If the applicant fails to make explanations or corrections, it will not affect the Trademark Office’s examination decision.

Article 30 If a trademark applied for registration does not comply with the relevant provisions of this Law or is identical or similar to a trademark that has been registered or preliminarily approved by others on the same or similar goods, the Trademark Office shall The application is rejected and no announcement will be made.

Article 31 If two or more trademark registration applicants apply for registration of the same or similar trademarks on the same goods or similar goods, the first applicant shall be preliminarily reviewed and announced. If the application is made on the same day, the previously used trademark will be initially reviewed and announced, and other applications will be rejected and will not be announced.

Article 32: Application for trademark registration shall not damage the existing prior rights of others, nor shall unfair means be used to preemptively register a trademark that has been used by others and has certain influence.

Article 33: For a trademark that has been initially approved and announced, within three months from the date of announcement, the prior right owner or interested parties believe that it violates paragraph 2 and paragraph 2 of Article 13 of this Law. Paragraph 3, Article 15, Paragraph 1 of Article 16, Article 30, Article 31, and Article 32,

or any person believes that it violates Article 1 of this Law If it is stipulated in Article 4, Article 10, Article 11, Article 12, or Article 19, paragraph 4, an objection may be filed with the Trademark Office. If there is no objection at the expiration of the announcement period, the registration will be approved, a trademark registration certificate will be issued, and the announcement will be made. ?

Article 34 The Trademark Office shall notify the trademark registration applicant in writing for a trademark that rejects the application and refuses to be announced. If the trademark registration applicant 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 shall make a decision within nine months from the date of receipt of the application and notify the applicant in writing.

If there are special circumstances that require an extension, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council. If the party concerned 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.

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 date of the trademark announcement until the decision to grant 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, , the trademark registrant shall be compensated for any losses caused by the user's bad faith.

Baidu Encyclopedia-Trademark Law of the People's Republic of China