1. What should I do if my trademark application is opposed?
1. span style="text-indent: 2em;">When the trademark applied for registration passes the preliminary examination and enters the three-month opposition period after the preliminary announcement, once it is opposed by others, the trademark opposition procedure will be initiated.
The trademark applied for registration becomes an opposed trademark. Even if a registration announcement has been published, the registration announcement is invalid. Whether the applicant can obtain the exclusive right to use the trademark depends on the Trademark Office’s ruling on opposition to the trademark.
After accepting the trademark opposition application, the Trademark Office will promptly send copies of the opponent's "Trademark Opposition Application Form" and the reasons for the objection and evidence materials to the respondent. The opponent shall limit the respondent to respond within 30 days from the date of receipt of a copy of the trademark objection letter, etc. If the respondent fails to make a written reply within the limited period, it shall be deemed to have waived the right to reply, and the opposition procedure shall proceed as usual.
2. Legal basis: Article 4 of the "Trademark Law of the People's Republic of China" stipulates that natural persons and legal persons Or other organizations that need to obtain exclusive rights to trademarks for their goods or services during production and business activities shall apply for trademark registration with the Trademark Office. Bad-faith trademark registration applications that are not intended for use shall be rejected.
2. What is a trademark objection
1. Trademark objection means that someone other than the trademark applicant, Within three months after the Trademark Office’s preliminary review and announcement, the trademark registration application materials are complete, the subject is qualified, the procedures are legal and other related aspects to raise objections.
2. For a trademark applied for registration, the Trademark Office shall complete the review within nine months from the date of receipt of the trademark registration application document. , if it complies with the relevant provisions of this Law, a preliminary review and announcement will be made.
For a trademark that has been initially approved and announced, within three months from the date of announcement, the prior rights holder or interested parties believe that it violates relevant laws stipulations, or if anyone believes that it violates relevant legal provisions, he or she may file an objection with the Trademark Office. If there is no objection at the expiration of the announcement period, the registration will be approved, a trademark registration certificate will be issued, and the announcement will be made. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior Network to consult a professional lawyer.