What are the matters needing attention in handling trademark opposition applications?
1. The opponent only Can object to a trademark that has been initially approved by the Trademark Office and published in the "Trademark Announcement" within the objection period. The objection period is 3 months, starting from the day after the preliminary approval announcement. If the last day of the objection period is a legal holiday, it can be postponed to the first working day after the holiday.
2. The date on which the opponent submits the opposition application to the Trademark Office: if it is submitted directly, the date of submission shall prevail; if it is submitted by mail, the date of the postmark shall be the date of submission If the postmark date is unclear or there is no postmark, the actual receipt date by the Trademark Office shall prevail; if it is submitted through an express delivery company other than a postal enterprise, the receipt date of the express delivery company shall prevail. If the receipt date is unclear, the trademark The actual receipt date shall prevail. However, this is excepted if the party concerned can provide evidence of the actual date of receipt and delivery.
3. The objection raised by the opponent should have clear objection reasons, facts and legal basis. The reasons for the objection should be clearly stated in words to facilitate the opposing party's defense and the Trademark Office's review. If there are no clear reasons, facts and legal basis for the objection, the objection application will not be accepted. If the objection applicant needs to supplement evidence materials, he shall declare it in the objection application and submit it within 3 months from the date of submission of the objection application. Failure to declare shall be deemed as giving up the submission of supplementary materials.
Two ways to apply for trademark opposition
(1) Entrust a trademark agency registered with the Trademark Office to handle the matter.
(2) The objector shall handle it himself. There are two ways for the opponent to apply for trademark opposition by himself:
1. Go directly to the trademark registration hall of the Trademark Office
2. By mailing documents, you can register them through the post office.No., express delivery or other express delivery methods.
Trademark opposition application materials and procedures
(1 )Documents that should be submitted
1. Trademark opposition application form can be downloaded from the China Trademark Network;
2. Clear objection reasons, facts and legal basis, and attach relevant evidence materials. The objection reason letter should be signed by the opponent or stamped with the official seal;
3. A copy of the preliminary approval announcement of the opposed trademark (can be downloaded from the China Trademark Network);
4. Confirmed by the opponent’s seal or signature Copies of the subject qualification certification documents (including certification documents as prior rights holders or interested parties, business licenses or other identification documents).
5. If you go directly to the trademark registration hall, you need to provide the ID card and copy of the person in charge.
6. If you entrust a trademark agency to handle trademark opposition applications, submit a trademark agency power of attorney. The power of attorney shall specify the agent's authority, matters of agency and date of authorization. The same agent cannot represent both opposing parties in the same trademark opposition case.
(2) Specific requirements
1. A trademark opposition application can only be filed against one If an objection is raised against a preliminary approved trademark, the trademark opposition application and relevant evidence materials should be submitted in duplicate, with the evidence catalog and page numbers compiled and bound into original copies.
2. Trademark opposition applications and related matters should be handled in Chinese. The objection application must be typed or printed. Other documents may be filled in with a pen or signature pen, but the handwriting must be neat and clear. If the content of relevant evidence materials is in a foreign language, the corresponding Chinese translation should be provided.
3. The trademark opposition application form should be filled out correctly, standardly and item by item, and the applicant's signature should be stamped in the "Applicant's seal (signature)" position. Seal or signature in the same name.
The above is the relevant introduction to the matters needing attention in handling trademark opposition applications. I hope it can help everyone. If you still needFor more information, please pay attention to the official website of the Legal Savior Network and consult our Legal Savior Network lawyers online. We will serve you wholeheartedly.
