Trademark agents inevitably have to write trademark opposition applications when engaging in agency work. How to write a clear, well-founded and more convincing trademark opposition application? Don't panic! Intellectual property rights will teach you step by step today!

1. The meaning of trademark objection

Trademark objection refers to a trademark objection filed by the prior right holder or an interested party within the legal period for a trademark that has been initially reviewed and announced. The Trademark Office raised an objection that the trademark should not be registered, that is, requested the Trademark Office not to approve the registration of the trademark after the expiration of the stipulated three-month objection period.

2. Legal Basis for Trademark Objection Application

Article 33 of the Trademark Law: For a preliminary approved trademark, 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 Articles 10, 11, and 12 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.

3. Write the main content of the trademark opposition application request and factual basis

(1) Clearly state that the opponent has objections to the trademark published by the Trademark Office in accordance with Article 33 of the Trademark Law In the X-issue trademark announcement, an objection was raised against the preliminary approved trademark No.

(2) Introduction to the basic information of the objector, including: the time when the company was established, the size of the company, its development history, the main industries it is engaged in, and its achievements, etc.

(3) The opponent cites the design concept or concept of the trademark and analyzes and states the originality of the trademark.

(4) The registration or use of the opponent’s trademark, including the registration, usage and geographical coverage of the trademark in the country of origin and other countries (including China).

(5) Said: The trademark lacks distinctiveness, the trademarks are similar, you are the prior right holder of the trademark, your trademark is a well-known trademark, etc.

(6) Analyze and state the case, clarify the claims of the case, and focus on the damage that the opposed trademark may cause to the opponent.

(7) Finally, list the laws and regulations involved in this case.

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