How to handle trademark opposition? Is there any fee for trademark opposition?

Introduction: With legal rules, our basic necessities, food, housing, and transportation can better protect our respective rights and interests from being infringed. Our lives are inseparable from the law. Therefore, we should improve our understanding and understanding of legal knowledge to avoid encountering the law. The problem is unable to protect one's own legitimate rights and interests. Maybe you are now faced with the problem of how to handle trademark objections and whether there are fees for trademark objections. I hope the content of this article can help you. Regarding how to handle trademark objections and whether there are any fees for trademark objections, let’s take a look with the editor of Legal Savior Network. I hope to be helpful.

1. How to handle trademark objections

1. Regarding the preliminary approval announcement For a trademark, within three months from the date of announcement, if the prior rights holder or interested party believes that there is a violation of the relevant provisions of my country's Trademark Law, they may file an objection with the Trademark Office. If an objection is raised against a trademark that has been preliminarily reviewed and announced by the Trademark Office, the opponent shall submit the following trademark objection materials to the Trademark Office in duplicate and mark the original and copy:

(1) Trademark opposition application;

(2) Opponent’s identity certificate;

(3) Violating Article 13, paragraph 2 and 3, Article 15, Article 16, paragraph 1, Article 30, If an objection is raised on the grounds specified in Articles 31 and 32, the opponent must prove that he is a prior right holder or an interested party. The trademark opposition application should have clear requests and factual basis, and should be accompanied by relevant evidence materials.

2. Processing Channels There are two ways to file an objection application to the Trademark Office:

(1) Entrust a nationally recognized trademark agency to handle the matter.

(2) The objector handles the matter 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. Apply by mailing documents.

Article 33 of the "Trademark Law of the People's Republic of China" Prior rights holders and interested parties believe that Article 13, paragraphs 2 and 3, Article 15, Article 16, paragraph 1, Article 30, Article 31, and Article 3 of this Law have been violated. Article 12, or if anyone believes that it violates the provisions of Article 4, Article 10, Article 11, Article 12 or Article 19, Paragraph 4 of this Law, he 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.

2. Is there any fee for trademark objection?

1. What are the requirements for trademark objection? It is a procedure in which trademark rights holders and interested parties file objections to a trademark that has been initially reviewed and announced by the State Trademark Office within the announcement period, that is, requests the Trademark Office to revoke the preliminary review of a trademark and disapprove the registration. .

2. Trademark opposition fees (national charging standards) The trademark opposition charging standard is 1,000 yuan for applying to the China Trademark Office, which is unified across the country. Administrative charges.

3. Of course, most customers will still choose to entrust an agency to file a trademark objection application, and the agency fee is in the range of 1500-3000 (mainly depending on the The fees are charged based on the difficulty of the case), which is how the entire fee for trademark opposition is used.

4. Trademark objection time period:

From the date of receipt of objection to the date of objection After the review is completed, the whole process will take about 2 years, but the other party will not be able to obtain the trademark registration certificate during the objection period.

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