Objection procedure of trademark registration application
The Trademark Office of the State Administration for Industry and Commerce shall publish the trademark that has been preliminarily approved in the Trademark Announcement, which is called the "Announcement of Preliminary Approval" and also serves as a notice to the trademark applicant. The preliminary examination and approval of the announced trademark does not mean the approval of registration, that is to say, the trademark applicant has not yet obtained the exclusive right to use the trademark, and the trademark will be approved for registration only if no one raises an objection within the announcement period or if the objection is found to be unfounded. The so-called objection is to put forward different opinions on the trademark preliminarily approved by the Trademark Office in accordance with the provisions of the Trademark Law, and ask the Trademark Office to reject the application for registration of the trademark. Within 3 months from the date of the announcement of the preliminary examination and approval of the trademark, anyone may raise an objection to the announced trademark. Objection this procedure is mainly to seek the opinions of the society on the preliminary examination and approval of trademarks, and to implement social supervision of trademark examination work, which is helpful to correct the deviation in trademark examination work in time. As an applicant, it is normal that its trademark registration application is opposed by others. After receiving the notice of objection from the Trademark Office and the opposing party's objection, the parties concerned should carefully study the opposing party's objection reasons and related facts. If you think that the objection reason does not exist, you can make a written reply within the specified time to refute the other party's point of view, so as to persuade the Trademark Office to approve the registration of your own trademark. As registrants or those who apply first, they should also make full use of the objection procedure to block the registration of trademarks that are unfavorable to them. When it is found that the trademark applied for registration by others is the same as or similar to the trademark registered on the same or similar goods or applied for earlier, the parties concerned shall raise an objection to the Trademark Office during the objection period to prevent its registration and protect their exclusive right to the trademark. In addition to safeguarding your own trademark rights, you should also pay attention to preventing the rights of others from interfering with your normal business activities, such as others registering the common name of a commodity as a trademark. If this happens, you should also raise an objection in time to prevent its registration. trade mark registration