Current location - Trademark Inquiry Complete Network - Trademark registration - How to file an objection to a trademark
How to file an objection to a trademark

(1) What opposition materials should be submitted?

1. Trademark opposition application. ?

The application form can be downloaded from the "China Trademark Network; Trademark Application Form". ?

2. A copy of the applicant’s identity document. ?

If the applicant is a natural person, he should submit a copy of the natural person’s ID card, passport and other valid documents; if the applicant is a legal person or other organization, he should submit a business license or "Public Institution Legal Person Certificate", "Social Group Legal Person" Registration Certificate", "Private Non-Enterprise Unit Registration Certificate", "Foundation Legal Person Registration Certificate", "Law Firm Practice License" or establishment certificate and other corresponding documents. ?

3. Clear objection reasons, facts and legal basis, and attach relevant evidence materials. The objection reason letter should be signed by the opponent or stamped with the official seal. ?

4. If the applicant files an objection on the grounds of violation of Article 4, Article 10, Article 11, Article 12 or Article 19, Paragraph 4 of the Trademark Law, the applicant shall Whether the opposed trademark violates the aforementioned legal provisions should be explained, rather than simply listing the legal provisions. If the applicant files an objection application based on Article 4 of the Trademark Law as the reason for the objection, he shall attach evidence proving that the opposed party did not apply for trademark registration in bad faith for the purpose of use. If the applicant files an objection application based on paragraph 4 of Article 19 as the reason for the objection, he shall attach evidence that the applicant for the opposed trademark is a trademark agency.

5. Violate the second and third paragraphs of Article 13, Article 15, Paragraph 1 of Article 16, Article 30 and Article 31 of the Trademark Law , If an objection is raised on the grounds specified in Article 32, the applicant shall submit documents proving the subject qualifications as the prior right holder or interested party (see Part 4 for details). ?

Note: Relevant evidence materials proving that the applicant is the prior right holder or interested party are necessary documents that the applicant should submit at the same time when filing an objection application for the first time on relative grounds. The formal examination stage requires only prima facie evidence of prior rights or interests. ?

6. If you entrust a trademark agency to handle opposition applications, you should submit a trademark agency power of attorney. The power of attorney shall specify the agent's authority, matters of agency and date of authorization. An agency cannot represent both opposing parties in the same trademark opposition case. ?

(2) Specific requirements?

1. An opposition application can only object to one preliminary approved trademark. If an objection is filed against a trademark with multiple categories, the applicant can list multiple categories in one opposition application, or submit separate applications according to the categories of the opposed trademarks. ?

2. Objection materials should be submitted in duplicate, marked with the original and copy, and the evidence catalog and page numbers should be arranged. Objection evidence materials should be complete and concise. Paper evidence materials can be printed on both sides. If there are many evidence materials, it is recommended to submit them in the form of electronic media such as CDs. ?

3. The objection application and related matters should be handled in Chinese, and the paper objection application should be typed or printed. If the content of relevant evidence materials is in a foreign language, the corresponding Chinese translation should be provided. ?

4. The objection application form should be filled out correctly, standardly and item by item, and the same seal or signature as the name of the applicant should be affixed in the "Applicant's seal (signature)" column. ?

5. If the applicant needs to supplement evidence materials, he should check the box in the objection application and submit it within 3 months from the date of submitting the objection application. ?