An opponent can only object to a trademark that has been initially approved by the Trademark Office and published in the Trademark Announcement within the objection period. The opposition period is 3 months, calculated from the date of the preliminary approval announcement of the opposed trademark to the day before the registration announcement. The objection raised by the opponent should have a clear request and factual basis and be supported by corresponding evidence. If the evidence cannot be submitted when filing the objection application, it should be stated in the objection application, and the evidence should be submitted within 3 months from the date of filing the objection application (replenishment can be submitted by mail within 3 months). If the last day of the objection period is a legal holiday, it can be postponed to the first working day after the holiday. If the opposition fee is paid by bank transfer, a copy of the remittance slip kept by the opponent should be sent to the Trademark Office together with the opposition application. When the Trademark Office receives the objection application, if it does not receive a copy of the remittance order, the Trademark Office will send a "Payment Notice" to the opponent. The opponent should pay the fees in accordance with the "Payment Notice" and mail a copy of the retained remittance slip to the Trademark Office together with the "Payment Notice". After receiving the trademark objection application, the Trademark Office will, after formal review, issue an "Acceptance Notice" if it meets the acceptance conditions. If the objection application is submitted by the opponent himself, the Trademark Office will directly send the "Notice of Acceptance" to the opponent; if a trademark agency is entrusted to handle the trademark opposition application, the Trademark Office will send the "Notice of Acceptance" to the opponent. Trademark agency.

Legal basis:

"Trademark Law of the People's Republic of China"

Article 30 of the trademark applied for registration shall not comply with the relevant provisions of this law. If the trademark is identical or similar to another person's trademark that has been registered or preliminarily approved for the same or similar goods, the Trademark Office will reject the application and will not publish it.

Article 31 If two or more trademark registration applicants apply for registration of the same or similar trademarks on the same goods or similar goods, the first applicant shall be preliminarily reviewed and announced. If the application is made on the same day, the previously used trademark will be initially reviewed and announced, and other applications will be rejected and will not be announced.

Article 35: If an objection is raised against a trademark that has been initially approved and announced, the Trademark Office shall listen to the facts and reasons stated by the opponent and the person being opposed, and after investigation and verification, the Trademark Office shall, within 10 days from the expiration of the announcement period, A decision will be made within two months on whether to approve registration, and the opponent and the objected party will be notified in writing. If there are special circumstances that require an extension, it can be extended for six months with the approval of the industrial and commercial administration department of the State Council.

If the Trademark Office makes a decision to approve registration, it will issue a trademark registration certificate and make an announcement. If the opponent is dissatisfied, he may request the Trademark Review and Adjudication Board to declare the registered trademark invalid in accordance with the provisions of Articles 44 and 45 of this Law.

If the Trademark Office makes a decision not to register and the opponent is dissatisfied, he or she may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall make a review decision within twelve months from the date of receipt of the application, and notify the opponent and the opposed party in writing. If there are special circumstances that require an extension, it can be extended for six months with the approval of the industrial and commercial administration department of the State Council. If the opposed party is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice. The people's court shall notify the opponent to participate in the litigation as a third party.

In the process of reexamination by the Trademark Review and Adjudication Board in accordance with the provisions of the preceding paragraph, the determination of the prior rights involved must be based on the results of another case that is being heard by the people's court or is being handled by the administrative agency. Review can be suspended. After the reasons for the suspension are eliminated, the review process should be resumed.

Article 36: Upon expiration of the statutory period, the party concerned fails to apply for review of the Trademark Office’s decision to reject the application or disapprove registration, or fails to file a lawsuit in the People’s Court against the review decision of the Trademark Review and Adjudication Board. , the decision to reject the application, deny registration or review decision takes effect.

For a trademark that is approved for registration after examination and objections are not established, the time for the trademark registration applicant to obtain the exclusive right to trademark shall be calculated from the expiration of the three-month period from the preliminary approval announcement.

From the expiration of the trademark announcement period until the decision to approve registration is made, there will be no retroactive effect on others' use of signs that are identical or similar to the trademark on the same or similar goods; however, due to the bad faith of the user Any losses caused to the trademark registrant shall be compensated.