First of all, let's understand the trademark objection: according to the legal procedures for public consultation on the preliminary examination and approval of trademarks stipulated in the Trademark Law and the Regulations for the Implementation of the Trademark Law, if you have different opinions on the trademarks that are not allowed in the preliminary examination and approval, you can raise an objection to the Trademark Office within 3 months from the date of the announcement of the preliminary examination and approval.
1. What if the trademark is objected?
After accepting the application for trademark objection, the Trademark Office will send the dissenter's Application for Trademark Objection and a copy of the objection reasons and evidence materials to the dissenter, and limit the dissenter to reply within the specified time from the date of receipt. If the dissenting party fails to give a written reply within the prescribed time limit, it shall be deemed as giving up the right of reply.
Second, what happens if there is no objection defense?
For trademark applicants, they can choose to reply or not to reply, which does not affect the objection procedure. However, from the practice of objection, it is helpful for the Trademark Office to make an objection ruling if the trademark applicant can provide favorable evidence on the reasons for objection.
If the trademark is objected, if it chooses not to reply, then the trademark will directly enter the objection procedure, and the examiner of the objection office will make a fair ruling based on the evidence provided by the objector, and this result is obviously biased towards the objector. Once the dissenter has sufficient reasons, the trademark will be considered invalid and not allowed to be registered.
Third, what problems should be paid attention to in objection defense?
1, get to the point
When claiming that trademarks are not similar, describe them from the aspects of sound, shape and meaning; Advocate that goods are not similar, and explain the differences from the goods themselves, especially whether it affects consumers' purchase and use.
Step 2 highlight advantages
If the opponent's trademark is original or has prior rights, it should be explained as an important content, which is a strong reason and argument for the opponent.
3. Strong pertinence
The defense is to refute the opponents' reasons one by one, which is well founded. In order to show the authenticity of the defense, the opponent must also provide evidence to prove that his defense is justified and not fabricated out of thin air.
Step 4 reply on time
According to the provisions of the Trademark Law, the time limit for defense is within 30 days from the date when the respondent receives the notice of defense, and the overdue defense shall be treated as non-defense; Supplementary materials for the defense are not indefinite, so if you need supplementary materials for the defense, you must submit them in time.
5. Professional teams do professional things.
Objection defense needs a professional team, and the agency has rich experience in trademark agency. According to the specific situation of each trademark, we will arrange a special person to write a case and do a good job in the objection defense procedure to improve the success rate of trademark registration.