Trademark objection process

Trademark opposition is a legal procedure clearly stipulated in the "Trademark Law" and the "Trademark Law Implementation Regulations" for publicly soliciting public opinions on a preliminary approved trademark. Its purpose is to Supervise the Trademark Office to confirm trademark rights fairly and openly, and improve the quality of trademark registration review.

1. Scope

1. This includes both the preliminary approval of the trademark and the previously applied trademark, and also includes the preliminary approval of the trademark in violation of the prohibition provisions of the "Trademark Law" Or the trademark is not distinctive, and the applicant is not qualified to apply.

2. Anyone can file a trademark objection, and the law does not impose any restrictions on the qualifications of the opponent.

2. Trademark opposition period

Within three months from the date of announcement of the preliminary approved trademark. If the last day of the objection period is a legal holiday, it can be postponed to the first working day after the holiday. (Tip: Only the last day can be postponed if it is a legal holiday. If there is a legal holiday during the period, it will not be postponed.)

3. Process:

1. File an objection: fill in the "Trademark "Letter of Objection", stating the name of the trademark being opposed, product category, preliminary approval number, preliminary approval announcement period number, and the reason for the objection. If it is believed that the opposed trademark is the same as or similar to the opponent’s registered trademark used on the same or similar goods, the product category, trademark name, registration number, etc. of the opponent’s registered trademark should also be filled in.

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, which will not affect the progress of the objection procedure.

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

4. Make a ruling: The Trademark Office shall listen to the facts and reasons stated by the opponent and the opposed party, and make a ruling after investigation and verification.

5. Delivery of the ruling: After making the objection ruling, the Trademark Office must send the objection ruling to the opponent and the opposed party. There are two results in the opposition ruling: (1) The reason for the objection cannot be established, and the trademark that has been initially approved will be registered; (2) The reason for the objection is sufficient and the objection is established, and the trademark that was initially approved will not be registered.

6. Review: If any party to the objection is dissatisfied with the objection ruling, it may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the objection ruling notice.

IV. Situations in which trademark opposition is not accepted

The Trademark Office will not accept the trademark objection application under the following circumstances:

1. Objection to a trademark that has not been preliminarily reviewed and announced by the Trademark Office;

2. Exceeding the opposition period stipulated by law;

3. There is no clear request and factual basis in the trademark opposition application ;

4. Failure to pay the trademark opposition fee within the prescribed time limit;

5. Failure to make corrections within the prescribed time limit or as required.

5. Notes

1. The objection raised by the opponent should have a clear request and factual basis and be supported by corresponding evidence. If the evidence cannot be submitted when filing the objection application, it should be stated in the objection application, and the evidence should be submitted within 3 months from the date of submission of the objection application (supplementary submission can be made by mail within 3 months).

2. The objection is established, including on some designated products. If the objection is established on some designated goods, the trademark registration application on these designated goods will not be approved.

3. The date on which the opponent submits the opposition application to the Trademark Office:

If submitted directly, the date of submission shall prevail;

If submitted by mail, the date of submission shall be The postmark date issued shall prevail; if the postmark date is unclear or there is no postmark, the actual receipt date by the Trademark Office shall prevail.

4. Due to technical reasons, for opposition applications generally filed in the last month of the opposition period, the registration announcement of the opposed trademark may also be published in the "Trademark Announcement". If the registration announcement of the opposed trademark has been published before the opposition ruling takes effect, the original registration announcement will be revoked, and the trademark approved for registration after the opposition ruling will be re-announced.

5. Due to the change of the address of the opponent or the objected person, the Trademark Office issues a notice regarding the objection. The post office cannot deliver the notice and it is returned. The Trademark Office will publish it in the "Trademark Announcement" published on the 21st of every month. Publish a delivery notice. The document shall be deemed to have been served 30 days from the date of publication of the announcement.

6. If the objection is determined to be untenable and the registration is approved, the time for the trademark registration applicant to obtain the exclusive right to trademark shall be calculated from the expiration of the three-month period of the preliminary announcement.