1. What is the opposition period for trademark registration
1. Trademark opposition period for three months. Trademark objection refers to anyone who believes that a trademark that has been initially determined by the Trademark Office to be announced is not legal and submits an opinion to the Trademark Office that it should not be registered within 3 months from the date of announcement.
2. Legal basis: "Trademark Law of the People's Republic of China" Article 33: For trademarks that have been initially approved and announced, three months from the date of announcement Within the period, the prior right holder or interested party believes that there is a violation of paragraphs 2 and 3 of Article 13, Article 15, Paragraph 1 of Article 16, Article 30, Article 31, Article 32, or if any person believes that it violates the provisions of Articles 10, 11, and 12 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. How to calculate the trademark opposition period
For a preliminary approved trademark, within three months from the date of announcement , anyone can raise an objection. In practice, the day after the trademark preliminary examination announcement is generally the starting date for the opposition period.
Trademark opposition is a necessary procedure for trademark registration stipulated in the Trademark Law. Anyone can file an objection to a trademark that has been initially reviewed and announced to the Trademark Office within the statutory period. In essence, trademark opposition is an act in which two parties have a dispute over the confirmation of trademark rights and request the Trademark Office to make an administrative ruling. After a preliminary approval of a trademark is opposed, the rights will be in an uncertain state, and it will not be determined whether the trademark has been approved for registration until an effective opposition ruling or judicial judgment is made.
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