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How to appeal a trademark

Methods to appeal for trademark rights: If the party concerned has objections to the trademarks that have been preliminary approved and announced, they can file objections with the Trademark Office within the period of preliminary approval and announcement. The Trademark Office shall conduct investigation and verification in accordance with the law, make a decision on whether to approve registration, and notify the opponent and the person being opposed in writing.

Legal Basis

Article 33 of the Trademark Law

For a trademark that has 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 30 of this Law have been violated. Article 2, or if any person believes that the provisions of Article 4, Article 10, Article 11, Article 12 or Article 19, paragraph 4 of this Law are violated, 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 35

If an objection is raised against a trademark that has been initially approved and announced, the Trademark Office shall listen to the facts and reasons stated by the opponent and the person being opposed, and after investigation and verification, make a decision on its own. A decision on whether to approve registration shall be made within twelve months from the expiration of the announcement period, and the opponent and the objected party shall be notified in writing. If there are special circumstances that require an extension, it can be extended for six months with the approval of the industrial and commercial administration department of the State Council.