The trademark registration objection appeared during the preliminary announcement of the trademark. What is the probability of the trademark being challenged? If you encounter a trademark objection in the process of registering a trademark, don't panic or give up your objection defense at this time. When you receive the trademark objection, you need to defend your trademark interests, ensure that your trademark is successfully approved by the announcement, and finally successfully register the trademark.
methods/steps
1. why should we reply when the trademark is challenged?
1. If the trademark is challenged, it will directly face the risk that the trademark will not be approved for registration.
2. The trademark objection defense is the legal right granted by the Trademark Law, and it is also the only way for the parties to refute the dissenter's point of view to the Trademark Office (Article 22 of the Regulations for the Implementation of the Trademark Law: the Trademark Office shall promptly send a copy of the trademark objection to the objector, and limit him to reply within 3 days from the date of receiving the copy of the trademark objection).
3. The Trademark Office will hear the trademark objection in writing. Failure to reply will undoubtedly increase the chances of the other party's success, and the reply will undoubtedly increase our chances of success and increase the chances of the trademark being challenged.
second, what should I do after receiving the "Notice of Defense against Trademark Objection" issued by the Trademark Office?
1. immediately save the original of the notice of reply to trademark objection and the envelope of the mailing notice, and determine the final date for submitting the reply materials;
2. consult the intellectual property trademark objection defense consultant, analyze the reasons for trademark objection and evaluate the risks;
3. Formulate a scientific trademark objection defense strategy;
4. Collect and arrange favorable evidence in time;
5. Make and submit trademark objection defense materials in time.
third, how to handle the trademark objection defense?
after accepting the trademark objection, the Trademark Office will issue a notice of objection defense to the trademark applicant, requiring the trademark applicant to state the facts and reasons for the trademark objection within 3 days from the date of receiving the copy of the trademark objection, and provide written objection defense materials. The objection defense of the trademark objector should include the following contents:
1. Subject qualification of the objector: it must be the objector or the legally entrusted agent of the objector.
2. There are clear reasons for objection: in view of the objection reasons and evidence materials of the objector in the Trademark Objection Application, the objector should put forward the corresponding defense reasons and evidence materials, and whether the defense reasons and evidence materials are sufficient or not will probably play a decisive role in the objection case.
3. Time limit for trademark objection defense: The Trademark Law stipulates that the respondent must submit the defense materials to the Trademark Office within 3 days from the date of receiving the trademark objection.
the trademark office shall promptly send a copy of the trademark objection to the object, and limit it to reply within 3 days from the date of receiving the copy of the trademark objection. If the objector does not reply, it will not affect the objection ruling of the Trademark Office. For information about the probability of more trademarks being objected to, welcome to consult intellectual property rights!