a trademark is a special legal term. A brand or a part of a brand is called a "trademark" after it is registered by the relevant government departments according to law. Trademarks are protected by law, and registrants have exclusive rights. Famous trademarks in the international market are often registered in many countries. There is a difference between "registered trademark" and "unregistered trademark" in China. A registered trademark is a trademark protected by law after being registered by the relevant government departments, while an unregistered trademark is not protected by trademark law.
If an objection is raised to a trademark that has been preliminarily approved by the Trademark Office for announcement, the objector shall submit the following trademark objection application materials in duplicate to the Trademark Office, and indicate the original and duplicate:
(1) Application for trademark objection. The application for trademark objection shall have a clear request and factual basis, and shall be accompanied by relevant evidential materials.
(2) the identity certificate of the dissident.
(3) if an objection is raised on the grounds of violating the provisions of the second and third paragraphs of article 13, article 15, article 16, paragraph 1, article 3, article 31 and article 32 of the trademark law, the objection shall be the certificate of the prior obligee or interested party.
if the objection of the objector to the objected trademark is not established, the objector can no longer file a review with the Trademark Review and Adjudication Board and submit the application materials for trademark objection. The objected trademark will be directly approved and registered, and a trademark registration certificate will be issued. If the objector refuses to accept it, he can only declare it invalid after the trademark registration is successful.
if the application for trademark objection application materials is in any of the following circumstances, the trademark office will not accept it, and notify the applicant in writing and explain the reasons:
(1) it has not been filed within the statutory time limit;
(2) the applicant's subject qualification and objection reasons do not conform to the provisions of Article 33 of the Trademark Law;
(3) There are no clear reasons, facts and legal basis for objection;
(4) the same objector files an objection application against the same trademark for the same reasons, facts and legal basis.
The method for the objector to submit the trademark objection application materials to the Trademark Office:
1. If it is submitted directly, the date of submission shall prevail; If it is sent by post, the postmark date shall prevail; if the postmark date is unclear or there is no postmark, the actual receipt date of the Trademark Office shall prevail;
2. if it is submitted by a courier company other than a postal company, the date of receipt and mailing by the courier company shall prevail; if the date of receipt and mailing is unclear, the date of actual receipt by the Trademark Office shall prevail. Except that the parties can provide evidence of the actual date of receipt and mailing.
The above content is the answer to the question of trademark objection application materials. If there is any change in the future, or if it is inconsistent with the requirements of the receptionist in the trademark registration hall, the requirements of the receptionist shall prevail. If you have any other questions, you can consult Intellectual Property for a detailed understanding. Trademark Objection Success Rate Trademark Objection Defense Trademark Objection Materials Trademark Registration Application