How to file an objection to a trademark being announced
Apply for opposition directly to the Trademark Office. According to the provisions of my country's Trademark Law, anyone can raise objections to a preliminary approved trademark within three months from the date of announcement. The purpose of establishing the trademark opposition procedure is to ensure the openness, fairness and fairness of the trademark review and registration procedures, place the trademark review work under public supervision, and maintain a high degree of transparency. The practice of requiring trademark registration to undergo an opposition announcement procedure before approval for registration has been adopted by most countries in the world.
The so-called objection refers to an objection that has been initially reviewed and approved Trademark objections are raised in accordance with the law and require the trademark not to be registered.
"Trademark Law" Article 35 If an objection is raised against a trademark that has been initially approved and announced, the Trademark Office shall Hear the facts and reasons stated by the opponent and the person being opposed, and after investigation and verification, make a decision on whether to approve registration within 12 months from the expiration of the announcement period, and notify the opponent and the person being opposed 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 or she may appeal in accordance with Articles 44 and 45 of this Law. Provides for requesting the Trademark Review and Adjudication Board to declare the registered trademark invalid.
If the Trademark Office makes a decision not to grant registration and the opponent is dissatisfied, it may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall apply for review within twelve months from the date of receipt of the application. A reexamination decision shall be made within a period of time, and the opponent and the opposed party shall be notified in writing. If there are special circumstances that require an extension, it may be extended for six months with the approval of the administrative department for industry and commerce of the State Council. If the opposed party is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may File a lawsuit in the People's Court within thirty days from the date of receipt of the notice. The People's Court shall notify the opponent to participate in the litigation as a third party.
In practice, the main parties who object to the ongoing announcement are interested parties in trademark registration. The objector believes that the trademark office has preliminarily reviewed and announced it. If a trademark is identical or similar to a trademark that has already been registered or a trademark that has been preliminarily approved or announced (the designated goods/services are the same or similar), in order to protect one’s trademark exclusive rights, the Trademark Office is requested not to register the trademark. In addition, it is proposed The subject of trademark opposition can also be other natural persons, enterprises, agencies, groups or other organizations other than interested parties. As long as they believe that the trademark being announced does not comply with the relevant provisions of the Trademark Law, they have the right to announce it within three months. Raise objections within the period.
To file an objection against a published trademark, the opponent should submit two copies of the "Trademark Objection Application" document to the Trademark Office, together with relevant evidence. The "Trademark Objection Application" should state the name of the opposed trademark (if there is a text part), Product or service category, preliminary approval number, preliminary approval announcement issue and page number, objection reasons, etc. If it is believed to be the same as or similar to a previously registered or previously announced trademark, the cited trademark name, product or service category should be stated , registration certificate number (or preliminary approval number), and a drawing of the cited trademark.
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