Legal analysis: Generally, the time to object to a trademark is three months. Trademark objection refers to the public's objection to a trademark that has been preliminarily approved and announced within the statutory time limit, that is, asking the Trademark Office not to approve the registration of the trademark after the expiration of the prescribed three-month objection period. If the trademark is challenged, the applicant shall file an application for trademark objection within 12 months after the end of the trademark announcement period, and it may be extended for 6 months if there are special circumstances. Trademark objection refers to any person who thinks that the trademark preliminarily approved by the Trademark Office to be announced is not legal and puts forward an opinion to the Trademark Office that it should not be registered within 3 months from the date of announcement. Trademark objection is clearly stipulated in the Trademark Law and its detailed rules for implementation. It is a legal procedure to solicit public opinions on a preliminarily approved trademark, and its purpose is to fairly and openly confirm the trademark and improve the quality of trademark registration examination.
Legal basis: Article 33 of the Trademark Law of the People's Republic of China
Within three months from the date of the announcement, the prior obligee or interested party considers that the trademark has violated the provisions of Article 13, paragraphs 2 and 3, Article 15, Article 16, paragraph 1, Article 3, Article 31 and Article 32 of this law, or anyone thinks that it has violated this law. If there is no objection at the expiration of the announcement period, the registration shall be approved, a trademark registration certificate shall be issued and an announcement shall be made.
article 35 where an objection is raised to a trademark that has been preliminarily approved and announced, the trademark office shall listen to the facts and reasons stated by 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. There are special circumstances that need to be extended, which can be extended for six months with the approval of the administrative department for industry and commerce of the State Council.
if the trademark office decides to approve the registration, it shall issue a trademark registration certificate and make an announcement. If the objector refuses to accept it, 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 the trademark office decides not to register, and the objector refuses to accept it, it may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice. The Trademark Review and Adjudication Board shall make a reexamination decision within 12 months from the date of receiving the application, and notify the objector and the objector in writing. There are special circumstances that need to be extended, which can be extended for six months with the approval of the administrative department for industry and commerce of the State Council. If the objector refuses to accept the decision of the Trademark Review and Adjudication Board, he may bring a suit in a people's court within 3 days from the date of receiving the notice. The people's court shall notify the dissenter to participate in the proceedings as a third party.
in the process of reexamination in accordance with the provisions of the preceding paragraph, the Trademark Review and Adjudication Board may suspend the examination if the determination of the prior rights involved must be based on the results of another case being tried by the people's court or being handled by the administrative organ. After the reasons for suspension are eliminated, the review procedure shall be resumed.