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What should I do if the trademark is objected to? What should we do?

Trademark objection means that the prior obligee and interested party think that the trademark preliminarily approved and announced by the Trademark Office is illegal, and put forward opinions to the Trademark Office that it should not be registered within three months from the date of announcement.

process:

[1] professional analysis: professional consultants and lawyers will analyze the case for you and propose an objection defense plan.

[2] writing materials. After the user agrees to the objection defense plan, the professional trademark lawyer will write the case for you and sort out the evidence materials.

[3] submit the application materials on the same day after they are complete.

[4] progress tracking, the consultant will monitor the application progress and actively feedback every step of the status change to the customer.

[5] The Trademark Office shall hear objection cases within 12 months and 18 months.

Basic information

1. Formal materials

(1) Copy of business license, with official seal

(2) Power of attorney for trademark, with official seal

(3) Trademark objection application, with official seal

2. Evidence materials

(1) Evidence that you have a certain relationship with the owner of the objected trademark. The important reason for the objection application is malicious cybersquatting of the objected trademark. To prove malice, it must be proved that the registrant of the objected trademark knows that the applicant has the priority to use the trademark. It can be proved that the two parties have a cooperative relationship through cooperation agreement, letter of intent, meeting minutes, invoices, etc. Other evidence can also be used to prove that the owner of the objection trademark has other relations with the applicant, such as relatives, friends, classmates, competitors in the same area, etc.

(2) Publicity evidence of citing trademarks: Publicity evidence includes but is not limited to publicity pages with trademarks, pictures of advertisements on the Internet, newspapers, TV, advertising videos and audio files, and the above-mentioned advertising purchase contracts and bills.

(3) Evidence of use of the cited trademark: Evidence of use includes the commodity packaging, product specifications, business documents, business cards, office decoration of the trademark, and printing and decoration contracts and bills corresponding to the above evidence of use.

(4) honorary certificates obtained by the dissenting applicant or the trademarks cited by him, honorary certificates and plaques of enterprises or brands issued by reputable local governments, trade associations or social organizations.

(5) Trademark protection certificate of the dissenting applicant: receipt or certificate of trademark registration acceptance in other countries and regions.

(6) economic evidence such as product sales contracts, bills and logistics documents with reference trademarks in recent years.

(VII) Other evidence

① Photos of factory buildings, warehouses, production workshops and office areas.

② photos and media reports of enterprises participating in social welfare activities.

③ Enterprises care about employees and enrich their photos and materials.

④ other evidence that can prove the influence of the enterprise and brand.

note: the above evidence can be provided with the original, original photo or copy, and official seal of the company. If conditions permit, the core evidence should be notarized in the notary office to enhance its probative power.

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