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Trademark law of proviso
First, the steps of trademark objection defense 1. After receiving the trademark objection documents, the Trademark Office will generally go through the necessary formal examination. One month after the expiration of the trademark objection, the trademark objection documents and related materials that have passed the examination shall be handed over to the objector, who shall make a reply within 30 days from the date of receiving the Notice of Defense against Trademark Objection. Whether to reply or not is up to the opponent. 2. After receiving the respondent's defense, the Trademark Office will make a ruling according to the facts and reasons stated by the parties. If the respondent fails to reply within the time limit, the Trademark Office will make a ruling according to law, and the ruling result will be served on the parties concerned. Any party who refuses to accept the ruling may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the ruling, and the Trademark Review and Adjudication Board will make a final ruling. Second, how long is the time limit for trademark objection defense? The respondent must submit the defense materials to the Trademark Office within 30 days from the date of receiving the trademark objection. According to Article 10 of the Regulations for the Implementation of the Trademark Law, if the parties directly submit the defense and relevant evidential materials, the date of submission shall prevail; By post, the postmark date shall prevail. If the postmark date is unclear or there is no postmark, the date actually received by the Trademark Office shall prevail. The last legal holiday can be extended by one day. However, unless the parties can provide evidence of the actual postmark date. Although the law has this proviso, the parties should try their best to send an objection reply within the objection period, and ensure that the postmark is clear to avoid unnecessary trouble. If the respondent submits the defense materials by mail, and the postmark date is unclear, the date actually received by the Trademark Office shall be the date of defense. If the actual date of receipt exceeds the statutory objection period, it may lead to a ruling, which will inevitably have a negative impact on the objection review work of interested parties and the Trademark Office.