1. Trademark objections are aimed at "trademarks that have been preliminarily approved and announced", that is, only trademarks that are still in the stage of "preliminary approval and announcement". According to the provisions of the Trademark Law, only the trademark that has no objection at the expiration of the announcement period will be approved for registration and issued with a trademark registration certificate, which means that the trademark at this time has not been approved for registration and is not a real trademark. 2. A registered trademark that is declared invalid shall be announced by the Trademark Office, and the exclusive right to use the registered trademark shall be regarded as nonexistent from the beginning. The decision or ruling declaring a registered trademark invalid has no retrospective effect on the judgment or ruling of trademark infringement cases made and executed by the people's court before the invalidation, the conciliation statement, the decision on handling trademark infringement cases made and executed by the administrative department for industry and commerce, and the trademark transfer or use license contract that has been performed.

Legal objectivity:

When the trademark applied for registration passes the preliminary examination and enters the objection period of 3 months after the announcement of the preliminary examination, once it is objected by others, the trademark objection procedure will be started. A trademark applied for registration becomes an objected trademark, even if a registration announcement has been published, the registration announcement is invalid (Note: in order to publish the Trademark Announcement on time, the printed version of the trademark registration announcement is often arranged a few days before the expiration of the objection period, and when another person raises a trademark objection a few days or even the last day before the objection deadline, plus the transit time required for mailing, there are both objections and Registration Announcement). Whether the applicant can obtain the exclusive right to use a trademark depends on the trademark office's objection to the trademark. After accepting the application for trademark objection, the Trademark Office will promptly send the dissenter's Application for Trademark Objection and a copy of the objection reasons and evidence materials to the dissident, and limit the dissident to make a reply within 30 days from the date of receiving the copy of trademark objection. If the dissenting party fails to give a written reply within a limited time limit, it shall be deemed as a waiver of the right of reply, and the objection procedure shall proceed as usual. The respondent's defense shall include the following contents: 1. The respondent's subject qualification must be the respondent or the legally entrusted agent of the respondent. Where a trademark agency is entrusted with trademark objection defense, a power of attorney for trademark agency shall be attached. According to the facts and reasons stated by the parties, the Trademark Office will make an objection ruling after investigation and verification, and make an objection ruling to inform the objecting parties. Second, there are clear reasons for opposition. In view of the objection reasons and evidence materials in the Application for Trademark Objection, the objector should put forward corresponding defense reasons and evidence materials. Whether the defense reasons and evidence materials are sufficient is likely to play a decisive role in objection cases. Three. The Trademark Law stipulates that the respondent must submit the defense materials to the Trademark Office within 30 days from the date of receiving the trademark objection. According to Article 10 of the Regulations for the Implementation of the Trademark Law, if the parties directly submit the defense and relevant evidential materials, the date of submission shall prevail; By post, the postmark date shall prevail. If the postmark date is unclear or there is no postmark, the date actually received by the Trademark Office shall prevail. However, unless the parties can provide evidence of the actual postmark date. Although the law has this proviso, the parties should try their best to send an objection reply within the objection period, and ensure that the postmark is clear to avoid unnecessary trouble. If the respondent submits the defense materials by mail, and the postmark date is unclear, the date actually received by the Trademark Office shall be the date of defense. If the actual date of receipt exceeds the statutory objection period, it may lead to a ruling, which will inevitably have a negative impact on the objection review work of interested parties and the Trademark Office. The Trademark Office will make a ruling according to law, regardless of whether the dissenter fails to reply within the time limit or within the prescribed time limit. 4. Other envelopes with a copy of the trademark objection sent by the Trademark Office (used to determine whether to file a reply within the prescribed time limit) should be sent to the Trademark Office together with the objection and materials. 5. If there are foreign language documents in the defense materials provided by the dissenter, they must be translated into Chinese, otherwise the foreign language defense will not be used as defense materials and returned to the parties. (See: Notice of Trademark Office of State Administration for Industry and Commerce 1997 65438+ 10/4 on Chinese Translation of Chinese and Foreign Documents on Trademark Objection) VI. Trademark Objection. Time limit for declaration and submission of supplementary evidential materials According to the second paragraph of Article 22 of the Trademark Law, if a party needs to supplement relevant evidential materials after filing an objection defense, it shall make a statement in the objection defense and submit the objection by itself. If it is not submitted at the expiration of the time limit, it shall be deemed that the parties have supplemented the relevant evidence materials. The Trademark Office does not accept supplementary defense materials, and if the objection is established, the objector may also apply to the Trademark Review and Adjudication Board for reexamination and submit materials that need to be supplemented. Seven. Key points of defense Trademark objection defense should generally be stated according to the reasons of trademark objection, and the content of the statement should be targeted and well-founded. Several points to be grasped in answering telephone calls are: 1. Grasp the key points and discuss the reasonable and favorable aspects in detail. When claiming that trademarks are not similar, describe them from the aspects of sound, shape and meaning; Advocate that goods are not similar, and explain the differences from the goods themselves, especially whether it affects consumers' purchase and use. 2. Outstanding advantages If the trademark of the dissident is original or has prior rights, it should be explained as an important content, which is a powerful reason and argument for the dissident. However, when dissidents claim prior rights in trademark application and registration, they should pay attention to whether the obligee has claimed to protect their rights in China, because China's Trademark Law stipulates the principle of prior application and registration, and trademarks that have been applied for or registered in China are more convincing than those registered in other countries or regions.