Legal analysis: The procedures for trademark opposition include:
1. File an objection
Fill in the "Trademark Objection Form" and indicate the name and product category of the opposed trademark , preliminary approval number, preliminary approval announcement period number, and reasons for raising objections.
2. Notification
After receiving the objection letter and relevant evidence, the responding Trademark Office will send a copy of the objection letter to the opposed party. The opposed party shall notify the respondent on the date of receipt of the objection letter. Make a written reply within thirty days. 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. 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.
4. Delivery of the Ruling Letter
After making the objection ruling, the Trademark Office must send the Opposition Ruling Letter 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 original preliminary Approved trademarks will not be registered.
5. Review of objections
If any party 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.
Legal basis: "Trademark Law of the People's Republic of China"
Article 33 For trademarks that have been initially approved and announced, within three months from the date of announcement, Prior rights holders and interested parties believe that Article 13, paragraphs 2 and 3, Article 15, Article 16, paragraph 1, Article 30, Article 31, and Article 3 of this Law have been violated. Article 12, or if anyone believes that it violates the provisions of Article 4, Article 10, Article 11, Article 12, or Article 19, paragraph 4, of this Law, he may file an objection with the Trademark Office. If there is no objection at the expiration of the announcement period, the registration will be approved, a trademark registration certificate will be issued, and the announcement will be made.
Article 34 The Trademark Office shall notify the trademark registration applicant in writing for a trademark that rejects the application and refuses to be announced. If the trademark registration applicant is dissatisfied, he 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 decision within nine months from the date of receipt of the application and notify the applicant in writing. If there are special circumstances that require an extension, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council. If the party concerned 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.