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How to apply for trademark opposition?

1. How to apply for trademark opposition

There are two ways to apply for trademark opposition to the Trademark Office:

(1) Entrust a nationally recognized trademark agent Institutional handling.

(2) The objector shall handle the matter himself.

There are two ways for the opponent to apply for trademark opposition by himself:

1. Go directly to the trademark registration hall of the Trademark Office;

2. By mailing a letter Processing.

2. Procedures for trademark opposition application

(1) Entrust a trademark agency.

1. Sign the trademark agency power of attorney and attach the identity certificate of the opponent (such as business license, ID card, etc.);

2. Prepare objection documents: including filling in the objection application The trademark agency shall submit a trademark opposition application to the Trademark Office on behalf of the opponent.

(2) Go directly to the trademark registration hall

1. Prepare the opposition application documents: including the opposition application, reasons for the objection and factual basis, and attach relevant evidence;

2. Submit the application documents at the trademark registration hall;

3. Print the bar code at the coding window;

4. Pay the objection fee at the payment window.

(3) Process by mailing documents

1. Prepare objection application documents: including objection application form (can be downloaded from the Internet), objection reasons and factual basis, and attach relevant evidence.

2. Mail it to the Trademark Office via registered mail or express delivery.

3. Preparation of trademark opposition application documents

(1) Documents to be submitted for trademark opposition application

(1) Trademark opposition application document;

(2) A clear request and factual basis, together with relevant evidence materials, and the reason for opposition should be signed or stamped with the official seal of the opponent;

(3) Preliminary review of the opposed trademark A copy of the approval announcement (can be downloaded from the Internet);

(4) Identity certificate of the opponent.

(5) Copy of the handler’s ID card.

(6) If you entrust a trademark agency to handle trademark opposition applications, you must also submit a trademark agency power of attorney.

(2) Specific requirements for trademark opposition applications

1. A trademark opposition application can only object to one trademark number, and each opposition application must be submitted in duplicate. .

2. The objection application should be typed or printed. Other documents should be written neatly and clearly, filled in with a pen or signature pen, or printed with a typewriter. Relevant evidence should be cataloged and have corresponding page numbers.

3. The opposed trademark and its preliminary approval number category, as well as the name and address of the opposed party (subject to the trademark applicant in the "Trademark Announcement") must be filled in clearly; the opposed trademark is a registered trademark. If an agency applies for registration, it must also fill in the name of the trademark agency.

4. The name and contact information of the opponent who raises the objection must be filled in clearly, and the same seal as the name of the opponent must be affixed to the applicant’s stamp position (if the opponent is a natural person, he must sign or stamp ).

5. Proof of identity of the objector: including a copy of the business license (with company seal), a copy of the ID card, etc.

5. Supplements and Corrections to Trademark Opposition Applications (Not a Required Procedure)

(1) Send a Notice of Supplements and Corrections

After receiving the opposition application, the Trademark Office shall If it is found that there are problems in the opposition application that need to be corrected, a correction notice will be sent to the opponent or the trademark agency, and the correction will be made within a time limit. If the application is submitted by the opponent himself, the Trademark Office will directly send a supplementary and correction notice to the opponent; if a trademark agency is entrusted to handle the trademark opposition application, the Trademark Office will send a supplementary and corrective notice to the trademark agency.

(2) Supplement and correction within a time limit

After receiving the objection rectification notice issued by the Trademark Office, the opponent or trademark agency shall make supplements and corrections according to the requirements in the notice. Within the time limit, return the supplemented and corrected materials and the notice of correction issued by the Trademark Office to the Trademark Registration Hall or send it by registered mail to the Trademark Office. In addition to the requirement to submit a copy of the objection letter, other supplementary and corrected materials must still be submitted in duplicate.

(3) Notes

1. The supplemented and corrected documents must be stamped with the same seal as the name of the opponent.

2. The supplementary content must be filled in clearly and accurately according to the supplementary requirements.

3. The time limit for supplementation and correction is 30 days from the date the party receives the notice of supplementation and correction from the Trademark Office. The party concerned should use the envelope issued by the Trademark Office as proof of the date of receipt, and send it to the Trademark Office along with the supplementary notice from the Trademark Office.

4. If a trademark agency is entrusted to handle a trademark opposition application, the official seal of the trademark agency must be affixed.

6. Situations in which trademark opposition applications are not accepted

If a trademark opposition application falls into the following circumstances, the Trademark Office will not accept it:

(1) ) Opposing a trademark that has not been preliminarily reviewed and announced by the Trademark Office;

(2) Exceeding the opposition period prescribed by law;

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

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

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

7. Opposition fees

A fee of RMB 1,000 shall be paid for each trademark opposition application.

(1) For opposition applications entrusted to a trademark agency, the opponent shall pay the opposition fees and agency fees to the trademark agency, and the opposition fees collected by the Trademark Office will be deducted from the advance payment of the trademark agency. .

(2) Opposition applications handled directly at the trademark registration hall shall be paid directly at the payment window of the trademark registration hall.

(3) Trademark opposition applications processed by mailing documents must be paid by bank wire transfer or wire transfer.