Who can file an objection application?

According to the provisions of the Trademark Law, the applicant for opposition can be the prior right holder, an interested party, or anyone else.

There are also various reasons for trademark objections. Common ones include being similar to other people's prior trademarks, infringing other people's existing prior rights, misleading the public with geographical indications of goods in the trademark, and not using the trademark as a trademark. Registered for malicious purposes, etc.

To give a few examples, Nongfu Spring Company objects to the "Nongfu West Lake" trademark applied by others, Bytedance Company objects to the "Dou marriage" and other trademarks applied for by others, and Alibaba Group objects to the "Maoli Baba" trademark, etc. . When we find that someone has registered a trademark that is similar to our own brand, we can all file an objection application to prevent others from registering it.

However, not all trademark objections are successful. Similarly, when a trademark is opposed, it is not a matter of life or death.

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 opponent or the opponent's agency. The opponent shall respond within 30 days from the date of receipt (the specific notice shall be subject to the notice issued by the Trademark Office). If the opposed party fails to make a written reply within the limited time limit, it shall be deemed to have waived the right to reply.

This defense is very important and may even determine whether your trademark can be successfully registered! Therefore, after receiving the notice from the Trademark Office, the applicant should not panic too much. First analyze the reasons for the objection, and then respond to the objection in a targeted and timely manner.

What are the key points in trademark opposition defense?

The trademark has been opposed, what should we do? Responding to objections promptly is the key to preserving your trademark. What are the points that need to be paid attention to in trademark opposition defense?

A. Defend on time and on schedule

First of all, the most important point is to defend on time, defend on time, defend on time! Say important things three times.

If you fail to respond within the time limit specified by the Trademark Office, it will be regarded as a waiver. At that time, you will have to resign yourself to your fate and you will not even have a chance to fight for it.

So, no matter what, it must be handled as soon as possible, and the defense must be conducted according to the time limit set by the Trademark Office from the date of receipt of the defense notice.

I would also like to remind everyone that if you change your address during this period, remember to submit a trademark change application and keep in touch with the Trademark Office or trademark agency to avoid missing the notice issued by the Trademark Office.

B. Focus on the key points

Discuss the reasonable and beneficial aspects comprehensively and in detail. 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 differences from the goods themselves, especially whether it affects consumers' purchase and use.

C. Outstanding Advantages

If the opposed party’s trademark has a certain degree of originality or has prior rights, it must be stated as important content. These are the powerful reasons for the opposed party to reasons and arguments. However, the opponent should note that when claiming prior rights in trademark application and registration, it is critical whether the rights holder has claimed to protect his or her rights in my country, because my country’s Trademark Law stipulates the principle of prior application and registration. , trademarks that have been applied for or registered in our country are more convincing than trademarks registered in other countries or regions.

D. Highly targeted

The content of the respondent's defense cannot be disconnected from the content of the trademark objection or completely unrelated to the content of the objection. This is what we often say that the answer is not what the question was asked. The defense must refute the objections of the opponent point by point. His reply will not be able to refute the objections of the opponent.

Being justified must also be well-founded. The person being opposed must show the authenticity of the content of the defense and must also provide evidence to prove that its defense is well-founded and not fabricated out of thin air.

The narrative of trademark opposition and defense should also be compact in content, clear in logic, focused, and concise. We cannot assume that the longer the article, the more reasonable it will be, and the thicker the material, the more persuasive it will be. As long as you make your point of view clear, it can play its due role.

The Trademark Office will make a ruling within 12 months from the expiration of the announcement period after investigation and verification based on the facts and reasons stated by the opponent and the opposed party.