Under what circumstances will a trademark opposition application not be accepted?

Trademark opposition applications will not be accepted under the following circumstances: the applicant for trademark opposition is not qualified; the application is not submitted within the time limit for application for opposition; the materials for application for opposition are incomplete; and other circumstances will not be accepted. Regarding the question of when a trademark opposition application will not be accepted, the editor of Legal Savior Network will answer it in detail for you below.

1. Under what circumstances will a trademark opposition application not be accepted

1. Trademark opposition applications will not be accepted in the following circumstances: if they are filed after the statutory time limit; if they do not meet the qualifications of the applicant; if the reason for the objection is unclear and does not comply with the regulations; if the factual and legal basis is insufficient; if the same opponent files another objection on the same matter .

2. Legal basis:

According to Article 1 of the "Regulations on the Implementation of the Trademark Law of the People's Republic of China" Article 26 stipulates that if a trademark opposition application falls into the following circumstances, the Trademark Office will not accept it and will notify the applicant in writing and explain the reasons:

(1) Failure to submit the application Filed within the statutory period;

(2)The applicant’s qualifications and reasons for objection do not comply with the Trademark Law As stipulated in Article 33;

(3) No clear reason for objection , facts and legal basis;

(4) The same opponent uses the same Reasons, facts and legal basis for filing another objection application for the same trademark.

2. What does trademark opposition application mean

Trademark objection is a legal procedure stipulated in the "Trademark Law" for publicly soliciting public opinions on a preliminary examination trademark. If anyone has different opinions on a preliminary examination trademark, he or she may file an objection within 3 months from the date of the preliminary examination announcement. File an opposition application with the Trademark Office during the opposition period. If you raise an objection to a trademark that has been initially approved and announced, the Trademark Office shall listen to the facts and reasons stated by the opponent and the opposed party. After investigation and verification, the Trademark Office shall file an objection application twelve months from the expiration date of the announcement period. The Trademark Office shall make a decision on whether to grant registration within 15 days and notify the opponent and the opponent in writing. If the Trademark Office makes a decision not to grant registration and the opponent is dissatisfied, he may apply to the Trademark Review and Adjudication Office for review within 15 days from the date of receipt of the notice. . The trademark review shall make a re-examination decision within twelve months from the date of receipt of the application, and notify the opponent and the opposed party in writing. If the opposed party is dissatisfied with the decision of the trademark review, the review decision shall be made within twelve months from the date of receipt of the notice. File a lawsuit with the People's Court within thirty days. The People's Court shall notify the opponent to participate in the litigation as a third party.

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