How to deal with objections to trademark registration: In general, objections should be filed according to law. The Trademark Office shall listen to the statements of the objector and the objector, and 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. Legal objectivity:
When the trademark applied for registration has passed the preliminary examination and entered the three-month objection period after the announcement of the preliminary examination, once it is objected by others, the trademark objection procedure will be started. The trademark applied for registration becomes an objected trademark, even if the registration announcement has been published, the registration announcement is invalid (Note: In order to publish the "Trademark Announcement" on time, the printed version of the Trademark Registration Announcement will often be arranged a few days before the expiration of the objection period, and when other people's trademark objections are raised a few days or even the last day before the deadline for objection, plus the transit time required for mailing, there will be both objections and "registration announcements"). Whether the applicant can obtain the exclusive right to use the trademark depends on the trademark office's objection to the trademark. After accepting the application for trademark objection, the Trademark Office will promptly send the dissenter's "Application for Trademark Objection" and copies of the objection reasons and evidence materials to the objecting party, and limit the objecting party to reply within 3 days from the date of receiving the copy of the trademark objection. If the objecting party fails to make a written reply within the limited time limit, it will be regarded as giving up the right of reply and the objection procedure will proceed as usual. The respondent's defense should include the following contents: 1. The respondent's subject qualification must be the respondent or the agent legally entrusted by the respondent. If the trademark objection defense is entrusted to a trademark agency, a Power of Attorney for Trademark Agency shall be attached. The Trademark Office will, based on the facts and reasons stated by the parties, make an objection ruling after investigation and verification, and make an objection ruling to inform the opposing parties. Second, there are clear reasons for objection. In view of the objection reasons and evidence materials in the "Trademark Objection Application", the objector should put forward the corresponding defense reasons and evidence materials. Whether the defense reasons and evidence materials are sufficient or not will probably play a decisive role in the objection case. III. Time limit for defense The Trademark Law stipulates that the respondent must submit the defense materials to the Trademark Office within 3 days from the date of receiving the trademark objection. According to Article 1 of the Regulations for the Implementation of the Trademark Law, if the parties directly submit the defense and relevant evidential materials, the submission date 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. 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's defense materials are submitted by mail and the postmark date is unclear, the actual date of receipt by the Trademark Office shall be the defense date. 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 interested parties and the opposition review work of the Trademark Office. The Trademark Office will make a ruling according to law, regardless of whether the objector fails to reply or fails to reply within the prescribed time limit. 4. Other attached materials The envelope of the copy of the trademark objection sent by the Trademark Office (used to determine whether the reply is filed within the prescribed time limit) shall be sent to the Trademark Office together with the objection reply and materials. 5. If there are foreign documents in the defense materials provided by the objector, they must be translated into Chinese, otherwise, the foreign language defense will not be used as the defense materials and will be returned to the parties. (See: Notice of the Trademark Office of the State Administration for Industry and Commerce on January 14, 1997 that Chinese and foreign documents on trademark objections should be accompanied by Chinese translations) VI. Statement and time limit for submission of supplementary evidential materials According to the second paragraph of Article 22 of the Trademark Law, if a party needs to supplement relevant evidential materials after filing an objection reply, it shall make a statement in the objection reply and submit it within three months from the date of submission of the objection reply; If it is not submitted at the expiration of the time limit, it shall be deemed that the parties have supplemented the relevant evidence materials. When the Trademark Office fails to accept the supplementary defense materials and the objection is established, the objector may also apply to the Trademark Review and Adjudication Board for reexamination and submit the materials to be supplemented. Vii. Key points of defense The defense of trademark objection should generally be stated according to the reasons of trademark objection, and the content of the narrative should be targeted and well-founded. The main points that should be grasped in the defense call are as follows: 1. Grasp the key points and discuss the rational and favorable aspects comprehensively and in detail. When arguing that the trademark is not similar, describe it from the aspects of sound, shape and meaning of the trademark; It is argued that the goods are not similar, and the differences are explained from the goods themselves, especially whether it affects consumers' purchase and use. 2. Highlighting the advantages If the trademark of the objector is original or has prior rights, it should be stated as an important content, which are powerful reasons and arguments for the objector. However, the objector should pay attention to whether the obligee has claimed to protect his rights in China when claiming the prior rights in trademark application and registration, because China's Trademark Law stipulates the principle of prior application and registration, and the trademarks that have been applied for or registered in China are more convincing than those registered in other countries or regions.