What is the specific process for trademark opposition application? How to apply? The editor has shared the compiled trademark opposition application process with everyone. You are welcome to read it, it is for reference only!
Who can apply for trademark opposition
Anyone can file a trademark objection, that is, it can be a trademark registrant or a non-trademark registrant, it can be an enterprise, an institution, or an individual , which can be either a legal person or an unincorporated person. The establishment of trademark opposition procedures aims to strengthen public supervision of trademark review work, reduce review errors, strengthen trademark awareness, give previously registered trademark owners and other interested parties an opportunity to protect their rights and interests, and eliminate rights the aftermath of conflict. The opponent can be the registered trademark owner, the previous applicant for trademark registration and other interested parties, or any other citizen or legal person.
What is the trademark opposition application process?
The trademark opposition application process is:
(1) Entrust a trademark agency to handle it
1 , sign the trademark agency power of attorney, and attach the identity certificate of the objector (such as business license, ID card, etc.);
2. Prepare the objection document, write down the reasons for the objection and attach relevant evidence;
>3. The trademark agency shall submit an opposition application to the Trademark Office on behalf of the opponent.
(2) Go directly to the Trademark Registration Hall
1. Prepare the objection application documents;
2. Submit the application documents at the Trademark Registration Hall;
3. Print the text barcode at the coding window;
4. Pay the objection fee at the payment window.
(3) Handle by mailing documents
1. Prepare objection application documents;
2. Mail the trademark to the trademark by registered or express delivery through the post office bureau.
Documents to be submitted for trademark opposition application
Trademark opposition is a legal procedure clearly stipulated in the "Trademark Law" and the "Trademark Law Implementation Regulations" for the preliminary examination and approval of trademarks to solicit public opinions. , whose purpose is to supervise the Trademark Office’s fair and open verification of trademark rights. Anyone who has different opinions on the preliminary approval of a trademark may file an objection with the Trademark Office within the three-month objection period from the date of the preliminary approval announcement. Documents that should be submitted:
1. Trademark opposition application;
2. Clear request and factual basis, together with relevant evidence materials;
3. A copy of the preliminary approval announcement of the opposed trademark;
4. The identity certificate of the opponent.
5. If you entrust a trademark agency to handle trademark opposition applications, you must also submit a trademark agency power of attorney.
What are the reasons for trademark opposition?
The reasons for trademark opposition are:
1. The trademark determined by preliminary examination violates the provisions of Article 10 of the Trademark Law , using a mark prohibited by trademark law.
2. A trademark determined by preliminary examination violates the provisions of Article 28 of the Trademark Law and infringes upon the prior trademark rights of others. The trademark applied for registration is the same as someone else’s registered trademark on the same or similar goods or has been preliminary The approved trademarks are identical or similar.
3. The trademark determined by preliminary examination violates the provisions of Article 31 of the Trademark Law and infringes upon the prior rights of others.
This specifically includes the following aspects:
1. The trademark identified in the preliminary examination infringes upon a well-known trademark.
2. The trademark determined in the preliminary examination violates the provisions of Article 15 of the Trademark Law. The agent or representative applies for registration of the trademark of the client or represented person in his or her own name without authorization.
3. The trademark identified in the preliminary examination violates the provisions of Article 16 of the Trademark Law, abuses geographical indications, and causes public confusion.
4. The trademark identified in the preliminary examination infringes upon the design patent rights or copyrights of others.
5. The trademark identified in the preliminary examination infringes upon the prior special sign rights of others.
6. The trademark identified in the preliminary examination is a trademark that has been used by others and has a certain influence by unfair means.
The above is the trademark opposition application process provided by the editor. I hope you will like it!
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