What is the process for trademark opposition review? How to apply for trademark opposition review? The editor has compiled the trademark opposition review process to share with you. You are welcome to read it, it is for reference only!
< p>Trademark opposition review process1. Submit a letter of reasons for opposition review application_
2. Send a copy of the opposition review application to the other party_
3. The opposing party responds.
Response within 30 days from the date of receipt of a copy of the trademark objection letter. If the other party fails to respond, it will not affect the Trademark Review and Adjudication Board’s ruling_
4. Objection review ruling. _
How to apply for trademark opposition review, and what matters need to be paid attention to when applying for trademark opposition review?
① The applicant must be the opponent or the opposed party in the original trademark opposition ruling; A reexamination application should be filed within fifteen days from the date of receipt of the objection ruling from the Trademark Office (if it is represented by an agency, the rejection notice served on the trademark agency shall be deemed to have been served on the party concerned).
②The parties should carefully read the filling instructions on the back when filling out the trademark opposition review application form (homepage) and trademark opposition review application form (text format);
③The parties concerned should review the submitted documents Evidence materials should be filled in the evidence catalog [refer to the evidence catalog (reference style)];
④The corresponding number of copies should be submitted according to the number of opposing parties;
Required for trademark opposition review Documents
1. Two original copies of the "Trademark Agency Power of Attorney" with seal or signature_
2. Original or copy of the Trademark Office's Opposition Decision_
< p>3. A copy of the applicant’s business license/a copy of the natural person’s ID card_Foreigners must provide a copy of their passport and its Chinese translation__
4. Review application Required evidence materials (different evidence materials are prepared based on different reasons)
How to defend a trademark objection?
When the trademark applied for registration passes the preliminary examination and enters the preliminary examination announcement, During the 3-month opposition period, once an objection is raised by others, the trademark opposition procedure will be initiated. The trademark applied for registration becomes an opposed trademark. Even if a registration announcement has been published, the registration announcement is invalid (Note: In order to publish the "Trademark Announcement" on time, the "Trademark Registration Announcement" is often published a few days before the expiration of the opposition period. The printed version will be arranged every day. When someone else’s trademark objection is filed a few days before or even the last day of the opposition deadline, plus the time required for mailing, there will be a situation where both the objection and the registration announcement will be filed. ). Whether the applicant can obtain the exclusive right to use the trademark depends on the Trademark Office’s ruling on opposition to the trademark.
After accepting the trademark opposition application, the Trademark Office will promptly send the opponent’s “trademark opposition application” and copies of the reasons for the objection and evidence materials to the opponent. The opponent will be limited to receiving A reply must be made within 30 days from the date of the copy of the trademark objection letter, etc. If the opponent fails to make a written reply within the limited time limit, it will be deemed to have waived the right to reply, and the objection procedure will continue as usual.
The respondent's defense should contain the following contents:
1. The subject qualifications of the person
Must be the respondent or the person legally entrusted by the respondent agent.
If you entrust a trademark agency to defend the trademark objection, you must attach a "Trademark Agency Power of Attorney".
The Trademark Office will make an objection ruling based on the facts and reasons stated by the parties and after investigation and verification, and prepare an objection ruling to notify both parties to the objection.
2. Have clear reasons for objection
In response to the objection reasons and evidence materials in the trademark opposition application form, the opposed party should provide corresponding defense reasons and evidence The adequacy of the materials, defense reasons and evidentiary materials may play a decisive role in the objection case.
3. Time limit for defense
The "Trademark Law" stipulates that the opposed party must submit defense materials to the Trademark Office within 30 days from the date of receipt of the trademark objection letter. According to the provisions of Article 10 of the "Regulations for the Implementation of the Trademark Law", if the party directly submits the defense and relevant evidence materials, the date of submission shall prevail; if it is mailed, the date of the postmark shall prevail. If the postmark date is unclear or there is no postmark, the actual date of receipt by the Trademark Office shall prevail. However, this is excepted if the party concerned can provide evidence of the actual postmark date.
Although the law stipulates this proviso, the parties concerned should try their best to send the objection reply within the objection period and ensure that the postmark is clear to avoid unnecessary trouble. If the respondent's defense materials are submitted by mail and the postmark date is unclear, the date of actual receipt by the Trademark Office will be the date of defense. If the actual receipt date exceeds the statutory opposition period, it may result in a ruling being made, which will inevitably have an adverse impact on the interested parties and will also have a negative impact on the Trademark Office’s opposition review work.
Regardless of whether the opposed party fails to respond or fails to respond within the prescribed time limit, the Trademark Office will make a ruling in accordance with the law.
The above is the trademark objection review process provided by the editor. I hope you will like it!
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