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What is a trademark objection? How does the trademark law provide for this?

The so-called "trademark objection" refers to the preliminary examination and approval of a certain trademark, raising objections and requesting cancellation in accordance with the Trademark Law. Article 19 of the Trademark Law stipulates that any person may raise an objection to a trademark that has been initially approved within 3 months from the date of the preliminary approval announcement. This three-month period is called the objection period.

(1) The establishment of opposition procedures is an important measure to improve the quality of trademark examination, but objections must be filed during the opposition period, because trademark registration serves the production and circulation of goods, and objections cannot be delayed indefinitely, which will affect the The timely confirmation and protection of trademark rights affects the production and circulation of goods. Therefore, according to the relevant provisions of the Trademark Law, the Trademark Office will not accept objections that exceed the three-month opposition period.

(2) The opponent is the agency, group, enterprise or individual that raises objections to the preliminary examination and approval of the trademark. It can be an interested party or any third party. The objection can be established if the content of the objection is consistent with the review standards. If any one or paragraph of the review standards is not met, the objection can be established.

(3) Objections must be made in writing, with one original and a copy sent to the Trademark Office. The objection letter must state the trademark name and graphics of the objected party; preliminary approval number; product category; "Trademark Announcement" issue number and announcement date; state the reasons for the objection, etc. At the same time, the name and image of the opponent's registered trademark or preliminary approval trademark; the approved goods and categories; and the registration or approval number must be stated.

(4) After receiving the objection letter, the Trademark Office will send a copy of the objection letter to the person being opposed, and a deadline will be set for the respondent to respond. If you are unable to respond or refuse to respond within the time limit, the objection will proceed as usual. When handling opposition cases, the Trademark Office ensures that both the opponent and the opposed party can exercise their rights equally, carefully studies the reasons and facts stated by both parties, makes a ruling in accordance with the law, revokes the preliminary approval of the opposed trademark or rejects untenable objections. The objection ruling shall be sent in writing to both parties to the objection. Trademark Law Trademark Objection