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How long does it take to apply for a trademark opposition?

Objections can be filed within 3 months after the announcement; even if the trademark is registered, he can also file a dispute within 3 years, depending on how much the other party attaches to the trademark, because both objections and disputes require fees.

Trademark opposition refers to raising objections to a trademark that has been initially approved and announced by the Trademark Office in accordance with the provisions of the Trademark Law, and requesting the Trademark Office not to register the opposed trademark. The person who files the objection is the opponent, and the trademark applicant who is opposed is the opponent. According to the provisions of my country's Trademark Law, if there is any objection to a trademark that has been initially reviewed and announced by the Trademark Office, the opponent shall file an objection application with the Trademark Office within three months of the trademark announcement period. So what are the reasons for objection? They include the following aspects:

1. The trademark determined by preliminary examination violates the provisions of Article 10 of the Trademark Law and uses signs prohibited by the 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 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. How to write a trademark opposition review application?

1. This application form (home page) is applicable to trademark opposition review applications filed in accordance with Article 33, Paragraph 1 of the Trademark Law.

2. The specific review request, reasons, factual basis and relevant evidence should be attached in accordance with the requirements of the "Trademark Review Rules" and the attached "Trademark Objection Review Application" (text format), together with this application (Homepage) Submit together. If you apply for review of some goods or services, you must specify it in the attached materials. Corresponding copies of this application (first page) and relevant attachments must be submitted according to the number of opposing parties.

3. If the trademark being opposed is an international registration, ?G? should be added before the registration number.

4. If the applicant is a foreigner or foreign enterprise, he must fill in the accurate name and valid contact address.

5. If there are two or more respondents, only fill in the name and address of one of the respondents in this application. The names and addresses of the other respondents should be in the attached materials. Write it down.

6. If *** participates in the trademark opposition review activity with the applicant or *** party with a trademark, one person should be designated as the representative; if *** party with a trademark does not designate a representative, The first person in the order stated in the trademark registration application or trademark registration book shall be the representative person. In the applicant and contact person or respondent columns of this application form (home page), only fill in the name, address, contact person, and contact number of the representative. Other parties ***who are the same as the applicant or ***have trademarks This should be stated in the attached materials. Any change in the representative must be authorized by the represented party in writing.

7. If a foreigner or foreign enterprise with a habitual residence or business office in China authorizes its representative in China to handle trademark opposition review matters, his representative shall be regarded as the applicant’s contact person and shall be Fill in the corresponding content in the applicant's contact person, mailing address, and contact number columns.

8. If the applicant needs to submit supplementary evidence, please check the corresponding box.

9. If you have not entrusted a trademark agency organization, you do not need to fill in the trademark agency column.

10. Fee standard: Trademark review fee is 1,500 yuan. If applying by mail, please make payment via bank transfer (post office remittance is not accepted), and attach a copy of the remittance slip to this application and submit it to the Trademark Review and Adjudication Board. Documents for applying for trademark opposition review

1. The applicant shall submit the "Application for Trademark Opposition Review" to the Trademark Review and Adjudication Board.

2. If the trademark being opposed is an international registration, ?G? should be added before the registration number.

3. If the applicant is a foreigner or foreign enterprise, he must fill in the accurate name and valid contact address.

4. If the applicant is a natural person, his or her identity document number should be filled in after his or her name.

5. If *** participates in the trademark opposition review activity with the applicant or *** party with a trademark, one person should be designated as the representative.

6. If the applicant needs to supplement relevant evidence materials after submitting the reexamination application, he shall declare it in the application and submit the same number of copies as the application within 3 months from the date of submission of the application. Evidence materials; if it is not stated in the application or is not submitted within the time limit, it will be deemed as a waiver of supplementing relevant evidence materials.

The above is the editor’s guide to how long it takes to apply for a trademark objection. I hope you like it!