Trademark opposition application is a right of citizens. While enjoying trademark protection, they are also allowed to file objections to the trademark within a certain period of time, which shows that my country is paying more and more attention to the protection of trademarks. Therefore, you may be wondering, what should I do if my trademark objection is not accepted? Next, Intellectual Property will introduce it to you!

1. Situations in which a trademark objection application is not accepted

The trademark objection is not filed within the statutory time limit, or the objection letter does not meet the requirements, and the object and content of the objection cannot be determined , the Trademark Office will not accept the application and return the objection letter. For example:

1. Exceeds the prescribed opposition period;

2. Does not match the name of the applicant for the opposed trademark;

3. The announcement period number and the preliminary approval number do not match;

4. The reason for the objection was not filled in in the objection form;

5. The objection fee was not paid;

6. Request for correction or correction still does not meet the requirements.

After receiving the objection letter, the Trademark Office will issue a "Notice of Objection Acceptance" and send a copy of the trademark objection letter to the person being opposed. The respondent is required to make a written reply within thirty days from the date of receipt of the notice of objection and a copy of the objection.

2. What should you pay attention to when applying for trademark opposition?

1. The opponent can only object to the trademark that has been preliminary approved by the Trademark Office and published in the "Trademark Announcement" within the objection period. . The opposition period is 3 months, calculated from the date of the preliminary approval announcement of the opposed trademark to the day before the registration announcement.

2. 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 opposition application, it should be stated in the opposition application, and the evidence should be submitted within 3 months from the date of filing the trademark opposition application (replenishment can be submitted by mail within 3 months).

3. If the last day of the objection period is a legal holiday, it can be postponed to the first working day after the holiday.

4. If the opposition fee is paid by bank transfer, a copy of the remittance slip kept by the opponent should be sent to the Trademark Office together with the opposition application. When the Trademark Office receives the objection application, if it does not receive a copy of the remittance order, the Trademark Office will send a "Payment Notice" to the opponent. The opponent should pay the fees in accordance with the "Payment Notice" and mail a copy of the retained remittance slip to the Trademark Office together with the "Payment Notice".

5. After receiving the trademark objection application, the Trademark Office will issue a "Notice of Acceptance" if it meets the acceptance conditions after formal review. If the objection application is submitted by the opponent himself, the Trademark Office will directly send the "Notice of Acceptance" to the opponent; if a trademark agency is entrusted to handle the trademark opposition application, the Trademark Office will send the "Notice of Acceptance" to the opponent. Trademark agency.

6. The time limit for trademark objection defense is 30 days, calculated from the date of receipt of the defense notice. The requirements and time limits for supplementing objections and submitting evidence also apply to the defense process.

7. The date when 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 the postmark shall prevail; if the postmark date is unclear or there is no postmark The date of actual receipt by the Trademark Office shall prevail.

8. Due to technical reasons for the layout of the paper "Trademark Announcement", for opposition applications generally filed in the last month of the opposition period, the "Trademark Announcement" may also publish the registration announcement of the opposed trademark. Therefore, , Paragraph 2 of Article 23 of the "Regulations for the Implementation of the Trademark Law" stipulates: "If the trademark being opposed has published a registration announcement 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." Every The "Trademark Announcement" published on March 28th published the status of trademark objections and objection rulings.

9. Due to the change of the address of the opponent or the objected person, the Trademark Office issues a notice of 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.

The above is the relevant content compiled by Intellectual Property for you about what to do if a trademark objection is not accepted. It can be seen that the trademark objection is not filed within the statutory time limit, or the objection letter does not meet the requirements and cannot be determined. If the object and content of the objection are not correct, the Trademark Office will not accept the application and will return the objection letter. If you have any other questions, please feel free to contact Intellectual Property Publishing for consultation. Trademark opposition defense, trademark opposition materials, trademark opposition process