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How to handle objections to trademarks
1. A brief explanation

Trademark objection is a legal procedure clearly stipulated in the Trademark Law and the Regulations for the Implementation of the Trademark Law to publicly solicit public opinions on preliminarily approved trademarks, and its purpose is to supervise the Trademark Office to fairly and openly confirm the trademark rights. Anyone who has different opinions on the preliminary examination and approval of a trademark may file an objection with the Trademark Office within 3 months from the date of the announcement of the preliminary examination and approval.

II. Ways of handling There are two ways to file an objection application with the Trademark Office:

(1) Entrust a trademark agency recognized by the state to handle it.

(2) The dissenter shall handle it himself. There are also two ways for dissidents to apply for trademark opposition by themselves: 1. Go directly to the trademark registration hall of the Trademark Office; 2. Handling by mail.

III. Procedures

(1) Entrust a trademark agency to handle

1. Sign a power of attorney for trademark agency, and attach the identity certificate of the objector (such as business license and ID card);

2. prepare objection documents: including filling in the objection application, writing the objection reasons and factual basis, and attaching relevant evidence;

3. The trademark agency submits an objection application to the Trademark Office on behalf of the objector. (II) Go directly to the trademark registration hall to handle

1. Prepare an objection application, including the objection application, objection reasons and factual basis, and attach relevant evidence;

2. Submit the application in the trademark registration hall;

3. Type the receipt barcode in the coding window;

4. Pay the objection fee in the payment window.

(III) Handling by mail

1. Prepare an objection application, including the objection application (which can be downloaded from the Internet), the objection reasons and factual basis, and attach relevant evidence.

2. Send it to the Trademark Office by registered mail or express mail.

IV. Preparation of application documents

(1) Documents to be submitted

(1) Application for trademark objection; (2) A clear request and factual basis, with relevant evidential materials attached, and the objection reason book shall be signed or stamped with the official seal of the objector; (3) a copy of the announcement of the preliminary examination and approval of the objected trademark (which can be downloaded from the Internet); (4) the identity certificate of the dissident. (5) A copy of the ID card of the agent. (6) Where a trademark agency is entrusted to handle the trademark objection application, a power of attorney for trademark agency shall also be submitted. (II) Specific requirements

1. An application for trademark objection can only raise objections to a trademark with one number, and each application for objection shall be submitted in duplicate.

2. The application for objection should be typed or printed, and other documents should be written neatly and clearly, filled in with pens and signature pens or printed on typewriters, and the relevant evidence should be arranged in a table of contents and corresponding page numbers.

3. The challenged trademark and its preliminary approval number category, and the name and address of the challenged person (subject to the trademark applicant in the Trademark Announcement) must be clearly filled in; The objected trademark is applied for registration through a trademark agency, and the name of the trademark agency is also required. 4. Make sure to fill in the name and contact information of the objector who raises the objection clearly, and affix the same seal as the name of the objector at the stamp position of the applicant (if the objector is a natural person, it must be signed or sealed).

5. Identity certificate of the dissident: including a copy of the business license (stamped with the corporate seal) and a copy of the ID card, etc.

v. correction of objection application (not necessary)

(1) sending a notice of correction

after receiving the objection application, if the Trademark Office finds that there are problems in the objection application that need to be corrected, it will send a notice of correction to the objector or trademark agency for correction within a time limit. If the application is submitted by the dissenter himself, the Trademark Office will send a notice of correction directly to the dissenter; If the trademark agency is entrusted to handle the trademark objection application, the Trademark Office will send the notice of correction to the trademark agency.

(2) After receiving the notice of objection correction issued by the Trademark Office, the dissenter or trademark agency shall make corrections according to the contents of correction required in the notice, and return the corrected materials together with the notice of correction issued by the Trademark Office to the trademark registration hall or send it to the Trademark Office by registered mail within the specified time limit. In addition to requesting a copy of the objection, other supplementary materials must still be submitted in duplicate.

(III) Precautions

1. The corrected documents must be stamped with the same seal as the name of the objector.

2. The corrected contents must be clearly and accurately filled in according to the requirements of correction.

3. The time limit for correction is within 3 days from the date when the party concerned receives the notice of correction from the Trademark Office. The parties concerned shall take the envelope issued by the Trademark Office as the proof of the date of receipt, and send it to the Trademark Office together with the rectification notice of the Trademark Office.

4. If a trademark agency is entrusted to handle the trademark objection application, the official seal of the trademark agency must be affixed.

VI. Rejection

The Trademark Office will not accept an application for trademark objection under the following circumstances:

(1) Objecting to a trademark that has not been preliminarily approved and announced by the Trademark Office;

(2) the time limit for objection prescribed by law is exceeded;

(3) there is no clear request and factual basis in the trademark objection application;

(4) failing to pay the trademark objection fee within the prescribed time limit;

(5) Failing to make corrections within the prescribed time limit or as required.

Vii. Objection Fees

Each trademark objection application shall pay a fee of 1 yuan.

(1) For an objection application entrusted by a trademark agency, the objector pays the objection fee and agency fee to the trademark agency, and the objection fee charged by the Trademark Office is deducted from the advance payment of the trademark agency.

(2) The objection application handled directly in the trademark registration hall shall be paid directly in the payment window of the trademark registration hall.

(3) The objection application handled by mail must be paid by bank mail transfer or telegraphic transfer. The specific requirements are as follows: 1. Payee: Trademark Office of the State Administration for Industry and Commerce of the People's Republic of China; 2. Bank of deposit: China Merchants Building Sub-branch of China CITIC Bank; 3. Account number: 711141182618867; 4. Remittance purpose: objection fee for trademark XXX; 5. The name of the remitter must be the same as the name of the objector.

VIII. Precautions

1. The objector can only raise objections to the trademark published in the Trademark Announcement after preliminary examination and approval by the Trademark Office within the objection period. The objection period is 3 months, counting from the date of the announcement of the preliminary examination and approval of the objected trademark to the day before the registration announcement.

2. The objection raised by the objector should have clear request and factual basis and be supported by corresponding evidence. If the evidence cannot be submitted at the time of filing the objection application, it shall be declared in the objection application, and the evidence shall be submitted within 3 months from the date of submitting the objection application (it can be submitted by mail within 3 months).

3. The last day of the objection period is a legal holiday, which can be postponed to the first working day after the holiday.

4. If the objection fee is paid by bank remittance, a copy of the remittance slip retained by the objector shall be sent to the Trademark Office together with the objection application. When the Trademark Office receives the objection application, if it does not receive a copy of the remittance slip, it will send the Notice of Payment to the objector. The dissenter shall pay the fees in accordance with the Notice of Payment, and send a copy of the remittance slip together with the Notice of Payment to the Trademark Office.

5. After receiving the trademark objection application, the Trademark Office will issue a Notice of Acceptance after formal examination. If the objection application is submitted by the objector himself, the Trademark Office will directly send the Notice of Acceptance to the objector; If the trademark agency is entrusted to handle the trademark objection application, the Trademark Office will send the Notice of Acceptance to the trademark agency.

6. The time limit for trademark objection defense is 3 days, counting from the date of receiving the notice of defense. The requirements and time limit for objection correction and evidence submission are also applicable to the defense procedure.

7. Date when the objector submits the objection application to the Trademark Office: if it is submitted directly, the date of submission shall prevail; If it is sent 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.

8. Due to the technical reasons for the typesetting of the paper Trademark Announcement, the registration announcement of the objected trademark may be published in the Trademark Announcement for the objection application filed in the last month of the objection period. Therefore, the second paragraph of Article 23 of the Regulations for the Implementation of the Trademark Law stipulates: "If the objected trademark has published a registration announcement before the objection ruling takes effect, the original registration announcement shall be revoked, and the registered trademark approved by the objection ruling shall be re-announced." Trademark objections and rulings are published in the Trademark Announcement published on the 28th of each month.

9. Due to the change of the address of the objector or the objector, the Trademark Office issued a notice about the objection, and the post office failed to deliver it and was returned. The Trademark Office will publish a service announcement in the Trademark Announcement published on the 21st of each month. After 3 days from the date of announcement, the document shall be deemed to have been delivered.

IX. Special Statement

(1) The above contents are not official documents issued by the State Administration for Industry and Commerce or the Trademark Office of the State Administration for Industry and Commerce. Therefore, all contents are instructive and have no legal binding force.

(2) The above contents were revised in July 26. If there is any change in the future, or if it is inconsistent with the requirements of the receptionist in the trademark registration hall, the requirements of the receptionist shall prevail.

in view of the following, if you feel very troublesome, you should entrust an agency to handle it.