If someone raises an objection to a trademark during the publicity period, the trademark applicant should promptly provide defense materials against the objection after receiving the notice, and then wait for the Trademark Office's ruling. If there is no objection that is not accepted, be mentally prepared to file an objection review application. Below, I will introduce to you what to do if someone raises an objection during the trademark publicity period and related knowledge. Let’s take a look. 1. What to do if someone raises an objection during the trademark publicity period 1. After the trademark is opposed, please file a trademark objection reply within the specified time. After the Trademark Office accepts the trademark objection, it will issue an "Objection Defense Notice" to the trademark applicant, requiring the trademark application The person shall state the facts and reasons for the objection to the trademark within the specified time limit and provide written opposition defense materials. For trademark applicants, they can choose to provide materials or not to provide relevant materials after receiving the notification. This will not affect the progress of the opposition procedure. 2. Consider the trademark objection ruling from various aspects and whether to file an objection review. According to the provisions of the new Trademark Law, if the Trademark Office makes an objection ruling approving registration, the opposed trademark can be registered. The opponent cannot file for review again, and the trademark applicant can You can get a trademark registration certificate. If a decision is made not to register, the trademark applicant (opposed party) can file an opposition review application with the Trademark Review and Adjudication Board. During the implementation of the old Trademark Law, a large number of objection reviews were filed by the opponent to the Trademark Review and Adjudication Board due to unsuccessful objections, and some reviews were filed by the opposed party (trademark applicant) when the objection was established. After the implementation of the new Trademark Law, the trademark has obtained registration rights after the objection is unsuccessful. The opponent can no longer file an objection for review, but can only dispute the trademark with the Trademark Review and Adjudication Board. Therefore, after the implementation of the new law, there should be a relatively large reduction in the number of objection reviews. When an objection is established, a trademark applicant needs to be cautious and consider the specific circumstances before deciding whether to initiate the objection review process. 3. Accept the review result or initiate judicial proceedings. The new law abolishes the practice of administrative final ruling. On the basis of retaining the objection review procedure, it adds judicial relief procedures, that is, according to the second paragraph of Article 33 of the new law, the parties’ objections to the Trademark Review and Adjudication Board If you are dissatisfied with the review ruling, you may file a lawsuit in the People's Court within 30 days from the date of receipt of the notice. The people's court shall notify the other party to the trademark review procedure to participate in the litigation as a third party. Although the rationality of adopting the administrative litigation model for trademark review cases is debatable, it does provide the parties with the ultimate right to remedy—judicial relief. Legal basis: Article 35 of the "Trademark Law of the People's Republic of China" 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. If the Trademark Office makes a decision to approve registration, it will issue a trademark registration certificate and make an announcement. If the opponent is dissatisfied, he may request the Trademark Review and Adjudication Board to declare the registered trademark invalid in accordance with the provisions of Articles 44 and 45 of this Law.
2. What conditions need to be met for a trademark opposition application? Anyone can file a trademark opposition application, but two prerequisites must be met: First, it is the same as or similar to a registered trademark; Second, the trademark is believed to be Violation of Prohibited Terms. At the same time, trademark opposition also needs to meet relevant conditions when submitting documents: 1. A trademark opposition application can only object to a trademark with a trademark registration application number, and each opposition application document should be submitted in duplicate. 2. The objection application should be typed or printed. Other documents should be written neatly and clearly, filled in with a pen or signature pen, or printed with a typewriter. Relevant evidence should be cataloged and have corresponding page numbers. 3. The opposed trademark, its preliminary approval number category, and the name and address of the opposed party (subject to the trademark applicant in the "Trademark Announcement") must be filled in clearly; if the opposed trademark is applied for registration through a trademark agency, You also need to fill in the name of the trademark agency. 4. The name and contact information of the opponent who raises the objection must be filled in clearly, and the same seal as the name of the opponent must be affixed to the applicant’s stamp (if the opponent is a natural person, he must sign or seal). 5. Proof of identity of the objector: including a copy of the business license (with company seal), a copy of the ID card, etc.
3. In which cases trademark opposition will not be accepted? According to Article 26 of the "Regulations for the Implementation of the Trademark Law", if a trademark opposition application falls into the following circumstances, the Trademark Office will not accept it and notify the applicant in writing. Give reasons. 1. Failure to submit within the statutory time limit; 2. The applicant’s qualifications and reasons for opposition do not comply with the provisions of Article 33 of the Trademark Law; 3. There is no clear reason for opposition, facts and legal basis; 4. The same as the opponent File an objection application again for the same trademark based on the same reasons, facts and legal basis. Therefore, if a trademark is preemptively registered, you must prepare all the trademark opposition application materials and then file an objection within the specified time limit. Otherwise, the Trademark Office will not accept the application.