1. Documents to be submitted for trademark opposition defense

(1) Trademark opposition application;

(2) Clear request and factual basis, and Attached are relevant evidence materials;

(3) A copy of the preliminary approval announcement of the opposed trademark;

(4) Identity certificate of the opponent.

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

Anyone has the right to raise objections to a trademark during the preliminary announcement period. After the objection is accepted, the Trademark Office will issue a Trademark Objection Defense Notice to the person being opposed, and will attach the reasons for the trademark objection. After receiving the trademark objection defense notice, the opposed party can respond one by one based on the objection reasons raised by the other party.

The defense is voluntary and the Trademark Office does not charge fees.

2. Article 35 of the Trademark Law: If an objection is raised against a trademark that has been preliminarily approved and announced, the Trademark Office shall listen to the facts and reasons stated by the opponent and the person being opposed, and after investigation and verification, the Trademark Office shall, after twelve days from the expiration of the announcement period, A decision on whether to grant registration shall be made within three months, and the opponent and the objected party shall be notified in writing. If there are special circumstances that require an extension, it can be extended for six months with the approval of the industrial and commercial administration department of the State Council.

If the Trademark Office makes a decision to approve registration, it will issue a trademark registration certificate and make an announcement. If the opponent is dissatisfied, 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 makes a decision not to register and the opponent is dissatisfied, he or she may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall make a review decision within twelve months from the date of receipt of the application, and notify the opponent and the opposed party in writing. If there are special circumstances that require an extension, it can be extended for six months with the approval of the industrial and commercial administration department of the State Council. If the opposed party is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice. The people's court shall notify the opponent to participate in the litigation as a third party.

In the process of reexamination by the Trademark Review and Adjudication Board in accordance with the provisions of the preceding paragraph, the determination of the prior rights involved must be based on the results of another case being heard by the people's court or being handled by the administrative agency. Review can be suspended. After the reasons for the suspension are eliminated, the review process should be resumed.

Article 36: Upon expiration of the statutory period, the party concerned fails to apply for review of the Trademark Office’s decision to reject the application or disapprove registration, or fails to file a lawsuit in the People’s Court against the review decision of the Trademark Review and Adjudication Board. , the decision to reject the application, deny registration or review decision takes effect.

For a trademark that is approved for registration after examination and objections are not established, 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 from the preliminary approval announcement. From the expiration of the trademark announcement period until the decision to approve registration is made, there will be no retroactive effect on others' use of signs that are identical or similar to the trademark on the same or similar goods; however, due to the bad faith of the user, Any losses caused to the trademark registrant shall be compensated.