How to file a trademark objection

Trademark opposition is a legal procedure clearly stipulated in the Trademark Law and the Implementation Regulations of the Trademark Law for publicly soliciting public opinions on a preliminary examination of a trademark. Its purpose is to supervise the Trademark Office’s fair and open confirmation of trademark rights. So how to file a trademark objection? Next, the editor of Legal Savior Network has compiled some knowledge about this for you. You are welcome to read it!

How to file a trademark objection

Anyone who has different opinions on the preliminary approval of the trademark can submit an objection to the Trademark Office within the three-month objection period from the date of the preliminary approval announcement. objection.

Documents to be submitted

(1) Trademark opposition application;

(2) Clear request and factual basis, with relevant Evidence materials;

(3) A copy of the preliminary approval announcement of the opposed trademark;

(4) Proof of identity of the opponent.

(5) If you entrust a trademark agency to handle trademark opposition applications, you must also submit a trademark agency power of attorney.

Notes

1. The Trademark Office receives the trademark After the objection application is submitted and after formal review, an "Acceptance Notice" will be issued to those that meet the acceptance conditions. If the objection application is submitted by the opponent himself, the Trademark Office will directly send the "Notice of Acceptance" to the opponent; if a trademark agency is entrusted to handle the trademark opposition application, the Trademark Office will send the "Notice of Acceptance" to the opponent. Trademark agency.

2. The opponent can only object to the trademark published in the "Trademark Announcement" that has been preliminary approved.

3. The opponent can only object to the trademark that has been preliminary approved and announced within the objection period. The opposition period is 3 months, calculated from the date of the preliminary approval announcement of the opposed trademark to the registration announcementthe day before.

4. The objection raised by the opponent should have a clear request and factual basis and be supported by corresponding evidence. If the evidence cannot be submitted when filing the objection application, it should be stated in the objection application, and the evidence should be submitted within 3 months from the date of filing the objection application (replenishment can be submitted by mail within 3 months).

5. If the last day of the objection period is a legal holiday, it can be postponed to the first working day after the holiday.

6. The time limit for trademark objection defense is 30 days, calculated from the date of receipt of the defense notice. The requirements and time limits for supplementing objections and submitting evidence also apply to the defense process.

The above knowledge is the answer to the question "How to file a trademark objection" by the editor of Legal Savior. If readers need legal help, welcome to Legal Savior Get legal advice online.