my country’s Trademark Law stipulates that if an interested party believes that a trademark announced on preliminary examination infringes upon its prior rights, it may file an objection application with the Trademark Office within 3 months from the date of announcement on preliminary examination and request The Trademark Office ruled that the trademark should not be approved for registration. If a trademark is opposed by others, the objection can be defended within one month after receiving the objection defense notice. The objection defense can cite the reasons for the objection raised by the other party and prepare the materials required for the defense.
Documents required for objection defense:
Trademark agency power of attorney, reason for defense, original copy of defense notice or review evidence exchange notice, documents proving the respondent’s subject qualifications, and supporting documents Relevant evidence materials for the reasons for defense (the list of evidence materials will be issued within one working day after signing the agency agreement).
1. File an objection: Fill in the "Trademark Objection Form" and state the name of the trademark being opposed, the product category, the preliminary approval number, the preliminary approval announcement period number, and the reason for the objection. If it is believed that the opposed trademark is the same as or similar to the opponent's registered trademark used on the same or similar goods, the product category, trade name, registration number, etc. of the opponent's registered trademark should also be filled in.
2. Notice of defense: After receiving the objection letter and relevant evidence, the Trademark Office will send a copy of the objection letter to the person being opposed. The person being opposed shall make a written reply within thirty days from the date of receipt of the objection letter. reply. If the respondent fails to respond within the time limit, it will be deemed to have waived the objection, which will not affect the progress of the objection procedure.
3. Supplements and corrections (not required): After receiving the opposition application, if the Trademark Office finds that there are problems in the opposition application that need to be corrected, it will send supplements and corrections to the opponent or trademark agency. Notice, deadline for correction.
4. Make a ruling: The Trademark Office shall listen to the facts and reasons stated by the opponent and the opposed party, and make a ruling after investigation and verification.
5. Delivery of the ruling: After making the objection ruling, the Trademark Office must send the objection ruling to the opponent and the opposed party. There are two results in the opposition ruling:
(1) The reason for the objection cannot be established, and the trademark that has been initially approved will be registered;
(2) The reason for the objection is sufficient, and the objection is established, and the original preliminary Approved trademarks will not be registered.
6. Review: If any party to the objection is dissatisfied with the objection ruling, it may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the objection ruling notice.