1. Trademark opposition agency handling methods
Applicants can file opposition applications with the Trademark Office through the following channels:
(1) Entrust the agent to file with the Trademark Office Trademark agency handles.
(2) Applicants apply directly.
There are two ways for applicants to directly handle opposition applications:
1. Go directly to the registration hall of the Trademark Office.
Applicants can also go to the Trademark Office’s office in the Zhongguancun National Independent Innovation Demonstration Zone to apply.
2. Submit via post or other express delivery companies.
Note: Foreigners or foreign enterprises that submit objection applications should entrust a trademark agency registered with the Trademark Office to handle the application, except for foreigners or foreign enterprises with regular residence or business offices in China. Objection applicants from Hong Kong, Macao and Taiwan shall be handled with reference to foreign-related objection applicants.
2. Trademark opposition agency application materials
1. Trademark opposition application form.
The application form can be downloaded from "China Trademark Network>Trademark 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. If an objection is raised on the grounds of violation of Article 4, Article 10, Article 11, Article 12 or Article 19, Paragraph 4 of the Trademark Law, the applicant shall An explanation of whether the opposed trademark violates the aforementioned legal provisions should not simply list the legal provisions. If the applicant files an objection application based on Article 4 of the Trademark Law as the reason for the objection, he shall attach evidence proving that the opposed party did not apply for trademark registration in bad faith for the purpose of use. If the applicant files an objection application based on paragraph 4 of Article 19 as the reason for the objection, he shall attach evidence that the applicant for the opposed trademark is a trademark agency.
5. 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.
6. 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. In addition, trademark opposition agency intellectual property rights on third-party platforms is also a good choice and trustworthy.