Many residents in modern society generally purchase goods based on corresponding trademarks. There are also many legal regulations on trademarks, including trademark objections. . Let Intellectual Property bring you relevant information on whether a trademark can still be used if it is opposed. Let’s take a look.

Can trademark opposition be used?

If the trademark is opposed by others, the objection can be defended within 30 days after receiving the objection defense notice. Documents required for trademark opposition defense: trademark agency power of attorney, defense reason, original defense notice or review evidence exchange notice, respondent’s qualification certification documents, and relevant evidence materials that can support the defense reasons.

The specific process of trademark opposition and its handling is as follows:

1. File an objection: fill in the "Trademark Objection Form" and indicate the name, product category, and preliminary approval number of the trademark being opposed , preliminary approval announcement period number, and reasons for raising objections.

2. Notice of defense: After receiving the objection letter and relevant evidence, the Trademark Office will send a copy of the objection letter to the person being opposed. The person being opposed shall make a written reply within thirty days from the date of receipt of the objection letter. reply. If the respondent fails to respond within the time limit, it will be deemed to have waived the objection.

This will not affect the progress of the objection procedure.

3. Correction (not required): After receiving the opposition application, if the Trademark Office finds that there are problems in the opposition application that need correction, it will send the correction to the opponent or trademark agency. Notice, deadline for correction.

4. Make an objection decision. Legal basis: Article 35 of the Trademark Law of the People's Republic of China. 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, make a decision on its own. A decision on whether to approve registration shall be made within twelve months from the expiration of the announcement period, and the opponent and the objected party shall 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 you object to a previous trademark, your trademark will need to be re-applied if the objection is established.

Or you can participate in the rejection review when your trademark is rejected and explain the reasons. Because it takes about two years for a trademark rejection review ruling and a trademark opposition ruling to be made, if the trademark objection ruling is established, your trademark that has been rejected for review will be announced and certified directly.

The above is the entire content of Intellectual Property Rights that brings you whether the trademark can still be used if it is opposed. There are good and bad aspects to filing trademark objections in modern legal terms, so you should pay more attention to them. If you have more questions about the use of trademark objections, you are welcome to consult Intellectual Property Rights, and they will provide you with professional answers.