Key Points of Trademark Objection Defense Trademark opposition defense should generally state the reasons for the trademark opposition, and the narrative content should be targeted and well-founded. S
Key Points of Trademark Objection Defense Trademark opposition defense should generally state the reasons for the trademark opposition, and the narrative content should be targeted and well-founded. Several key points that should be grasped in the defense call are: 1. Focus on the key points and discuss the reasonable and beneficial aspects in a comprehensive and detailed manner. When arguing that the trademarks are not similar, describe the sound, shape, meaning, etc. of the trademarks; to argue that the goods are not similar, explain the differences from the goods themselves, especially whether it affects consumers' purchase and use. 2. Outstanding Advantages If the trademark of the opposed party has a certain degree of originality or has prior rights, it must be stated as important content. These are the powerful reasons and arguments for the opposed party. However, the opponent should note that when claiming prior rights in trademark application and registration, it is critical whether the rights holder has claimed to protect his or her rights in my country, because my country’s Trademark Law stipulates the principle of prior application and registration. , trademarks that have been applied for or registered in our country are more convincing than trademarks registered in other countries or regions. 3. Highly targeted. The content of the respondent's defense cannot be disconnected from the content of the trademark objection or completely unrelated to the content of the objection. This is what we often say that the answer is not what the question was asked. The defense must refute the objections of the opponent point by point. His reply will not be able to refute the objections of the opponent. Reasonableness must also be well-founded. The person being opposed must show the authenticity of the content of the defense and must also provide evidence to prove that its defense is well-founded and not fabricated out of thin air. 4. Defend on time According to the provisions of the Trademark Law, the time limit for defense is thirty days from the date the opponent receives the notice of defense. Overdue defense will be treated as undefended, and the supplement of defense materials cannot be indefinite. According to the current processing speed of the Trademark Office, it will take three to four months from the time the defense notice is sent to the time the defense is received and the examiner makes a ruling, including the time required for mailing. Therefore, if supplementary materials are still required for the defense, they must be submitted in time. When describing trademark objections and defenses, attention should also be paid to compact content, clear logical relationships, highlighted points, and conciseness. We cannot assume that the longer the article, the more reasonable it will be, and the thicker the material, the more persuasive it will be. As long as you make your point of view clear, it can play its due role.