How long does it take to receive a notice of objection after filing an objection to a trademark?

For objections to the preliminary examination and announcement of trademarks submitted to the Trademark Office, the latter shall conduct a detailed review and verification based on the facts and reasons stated by both parties, and then formally make a final decision on whether to approve registration within 12 months from the end of the announcement period. conclusion, and formally notify the objecting party and the objected party in writing. Next, the editor of Legal Savior Network has compiled some relevant knowledge for your reference. Let’s take a look at the content.

1. How long does it take for a trademark objection to be received before you receive a notice of objection

The Trademark Law does not provide for a clear time limit.

Based on usual practical experience, the Trademark Office will make a ruling within six months to one year.

If objections arise to a trademark that has been announced through preliminary review, the Trademark Office must listen to the opposing party and the opposed party state their objective facts and arguments respectively. After a comprehensive and in-depth investigation and review, a decision on whether to approve or reject registration should be made within twelve months from the expiration date of the announcement, and the relevant parties must be notified in writing.

Article 35 of the Trademark Law

Proposal for a trademark that has been preliminary approved and announced In case of objection, the Trademark Office shall listen to 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 the registration within twelve months from the expiration of the announcement period, and notify the opponent and the person being opposed in writing. Dissenter. 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 may request the Trademark Review and Adjudication Board to declare the registered trademark invalid in accordance with the provisions of Articles 44 and 45 of this Law.

If the Trademark Office makes a decision not to register and the opponent is dissatisfied, he or she 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 make a review decision within twelve months from the date of receipt of the application, and notify the opponent and the opposed party 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 opposed party is dissatisfied with the decision of the Trademark Review and Adjudication Board, he mayFile 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 the process of reexamination by the Trademark Review and Adjudication Board in accordance with the provisions of the preceding paragraph, the determination of the prior rights involved must be based on the fact that it is being heard by the people's court or being handled by the administrative agency. The review may be suspended based on the outcome of another case. After the reasons for the suspension are eliminated, the review process should be resumed.

2. Can trademarks be sublicensed

Of course, the right to use the trademark can be authorized and transferred in accordance with the law.

We call this behavior "trademark licensing". It mainly refers to the trademark owner signing a formal trademark use authorization contract and transferring his/her rights to the trademark. The right to use a registered trademark is shared with others for use.

Those who have obtained the license need to carry out commercial operations (usually including manufacturing and selling) within the scope of compliance with the relevant contract terms. A certain category of products or the provision of a certain specialized service), and at the same time, a certain amount of remuneration must be paid to the trademark owner who originally granted the right to use it - what we often call "royalty".