When applying for a trademark, it is easy for objections to arise. So how to apply for a trademark opposition and how much does it cost to apply for a trademark opposition? This requires us to understand through the legal provisions in order to understand the relevant provisions.
The trademark opposition application process is as follows:
(1) Opposition materials that should be submitted
1. Trademark opposition application form.
2. A copy of the applicant’s identity document.
If the applicant is a natural person, he should submit a copy of the natural person’s ID card, passport and other valid documents; if the applicant is a legal person or other organization, he should submit a business license or "Public Institution Legal Person Certificate", "Social Group Legal Person Registration" Certificate", "Private Non-Enterprise Unit Registration Certificate", "Foundation Legal Person Registration Certificate", "Law Firm Practice License" or copies of corresponding documents such as establishment certificate.
3. Clear objection reasons, facts and legal basis, and attach relevant evidence materials. The objection reason letter should be signed by the opponent or stamped with the official seal.
4. Violate the second and third paragraphs of Article 13, Article 15, Paragraph 1 of Article 16, Article 30 and Article 31 of the Trademark Law , If an objection is raised on the grounds specified in Article 32, the applicant shall submit documents proving the subject qualifications as the prior right holder or interested party (see Part 4 for details).
Note: Relevant evidence materials proving that the applicant is the prior right holder or interested party are necessary documents that the applicant should submit at the same time when filing an objection application for the first time on relative grounds. Opposition application form The review stage requires only prima facie evidence of prior rights or interests.
5. If you entrust a trademark agency to handle opposition applications, you should submit a trademark agency power of attorney. The power of attorney shall specify the agent's authority, matters of agency and date of authorization. An agency cannot represent both opposing parties in the same trademark opposition case.
(2) Specific requirements
1. An opposition application can only object to a preliminary approved trademark. If an objection is filed against a trademark with multiple categories, the applicant can list multiple categories in one opposition application, or submit separate applications according to the categories of the opposed trademarks.
2. Objection materials should be submitted in duplicate, marked with the original and copy, and the evidence catalog and page numbers should be compiled. Objection evidence materials should be complete and concise. Paper evidence materials can be printed on both sides. If there are many evidence materials, it is recommended to submit them in the form of electronic media such as CDs.
3. Objection applications and related matters should be handled in Chinese, and paper objection applications should be typed or printed. If the content of relevant evidence materials is in a foreign language, the corresponding Chinese translation should be provided.
4. The objection application form should be filled out correctly, standardly and item by item, and the same seal or signature as the name of the applicant should be stamped in the "Applicant's seal (signature)" column.
5. If the applicant needs to supplement evidence materials, he should check the box in the objection application and submit it within 3 months from the date of submission of the objection application.
How much does it cost to apply for a trademark opposition?
The trademark opposition application fee is charged according to the category of the opposed trademark, RMB 500 for each category.
1. If you entrust a trademark agency to handle the opposition application, the opposition fee will be deducted from the advance payment of the trademark agency. Please ensure that there is sufficient advance payment so that the payment can be deducted in a timely manner.
2. If you go directly to the trademark registration hall to apply for an objection, you must pay the objection fee at the payment window of the trademark registration hall.
3. If the objection application is sent by post or other express delivery, the fee should be paid by bank transfer or wire transfer. The name of the remitter should be the same as the applicant's name, and a copy of the remittance slip should be submitted together with the objection application. The materials must be submitted to the Trademark Office together, and the Trademark Office will not notify you of payment fees.
The above is about how to apply for trademark opposition and how much is the application fee? I hope it will be helpful to you. If you have any questions about trademark opposition application, trademark registration, trademark transfer, etc., please feel free to consult