What is the beginning of the term of exclusive rights for the opposed trademark?

The opposed trademark does not necessarily need to bear infringement liability, and it needs to be judged based on the actual situation. If the objection is caused by the preemptive registration of a trademark, the subject of the preemptive registration will bear the corresponding responsibility. What is the beginning of the term of exclusive rights for the opposed trademark? Below, the editor of Legal Savior Network has compiled relevant legal knowledge for your reference.

What is the beginning of the exclusive right period of the opposed trademark

Start of the exclusive right period of the opposed trademark The Trademark Law does not stipulate that if the trademark being opposed has been published with a registration announcement before the Trademark Office makes a decision to approve registration or disapprove registration, the registration announcement will be revoked. If the objection is not established and the registration is approved, it will be re-announced after the decision to approve the registration takes effect.

"Regulations on the Implementation of the Trademark Law of the People's Republic of China"Article 27 Trademarks The Office shall promptly send a copy of the trademark opposition materials to the party being opposed, and the party shall respond within 30 days from the date of receipt of a copy of the trademark opposition materials. If the respondent fails to respond, it will not affect the decision of the Trademark Office.

The parties need to supplement the objection application or defense. Relevant evidence materials should be stated in the trademark opposition application or defense, and submitted within 3 months from the date of submission of the trademark opposition application or defense; if not submitted within the time limit, the party will be deemed to have given up on supplementing the relevant evidence materials. . However, if the evidence is generated after the expiration of the period or the party fails to submit it before the expiration of the period due to other legitimate reasons, the Trademark Office will hand over the evidence to the other party.It can be accepted after cross-examination.

Article 28 Trademark Law Article 30 The decisions not to grant registration referred to in paragraph 3 of Article 5 and paragraph 1 of Article 36 include decisions not to grant registration on some designated commodities.

The trademark office makes a decision to approve the registration of the opposed trademark Or if a registration announcement has been published before the decision not to register, the registration announcement shall be revoked. If the objection is not established and the registration is approved, it will be re-announced after the decision to approve the registration takes effect.

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