After accepting the application for trademark objection, the Trademark Office will send the dissenter's "Application for Trademark Objection" and copies of the reasons and evidence materials of the objection to the dissenter. Limit the respondent to reply within the specified time from the date of receipt. If the respondent fails to make a written reply within the specified time limit, it shall be deemed as giving up the right of reply.

For trademark applicants, they can choose to reply or not to reply, which does not affect the objection procedure. However, judging from the practice of objection, it is helpful for the Trademark Office to make an objection ruling if the trademark applicant can provide evidence that is beneficial to him for the reasons of objection.

extended information

if an objection is raised to a trademark announced after preliminary examination and approval in accordance with article 35 of the trademark law, the trademark office shall listen to the facts and reasons stated by the objector and the objector, after investigation and verification, make a decision on whether to approve the registration within 12 months from the date of expiration of the announcement, and notify the objector and the objector in writing. There are special circumstances that need to be extended, which can be extended for six months with the approval of the administrative department for industry and commerce of the State Council.

if the trademark office decides to approve the registration, it shall issue a trademark registration certificate and make an announcement. If the objector refuses to accept it, 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 decides not to register, and the objector refuses to accept it, it may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice. The Trademark Review and Adjudication Board shall make a reexamination decision within 12 months from the date of receiving the application, and notify the objector and the objector in writing.

in case of special circumstances, the extension may be extended for six months with the approval of the administrative department for industry and commerce of the State Council. If the objector refuses to accept the decision of the Trademark Review and Adjudication Board, he may bring a suit in a people's court within 3 days from the date of receiving the notice. The people's court shall notify the dissenter to participate in the proceedings as a third party.

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