What is a trademark opposition application and how to write a trademark opposition application

Trademark opposition is a legal procedure stipulated in the Trademark Law to solicit public opinions on preliminarily approved trademarks, and any person who has different opinions on the preliminarily approved trademarks may file an opposition application with the Trademark Office within three months from the date of the announcement of the preliminary approval. If an objection is raised against a trademark that has been preliminarily approved and announced, the Trademark Office shall hear the facts and reasons stated by the objector and the objectee, and after investigation and verification, make a decision on whether to grant the registration within 12 months from the date of expiration of the announcement, and notify the objector and the objectee in writing. If the Trademark Office makes a decision not to register, and the objector is not satisfied, it may apply to the Trademark Review and Adjudication Board for review within 15 days from the date of receipt of the notice.

The Trademark Review and Adjudication Board shall, within 12 months from the date of receipt of the application, make a decision on the reexamination and notify the objector and the objectee in writing. If the respondent is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the people's court within 30 days from the date of receipt of the notice. The people's court shall notify the objector to participate in the litigation as a third party.

Legal basis: In the event of an objection to a trademark published in preliminary examination under Article 35 of the Trademark Law of the People's Republic of China, the Trademark Office shall hear the facts and reasons stated by the objector and the objectee, and after investigation and verification, make a decision on whether to approve the registration within 12 months from the date of expiration of the announcement, and notify the objector and the objectee in writing. If there are special circumstances that need to be extended, it can be extended for six months with the approval of the administrative department for industry and commerce.

Trademark opposition refers to any person who believes that the trademark preliminarily approved by the Trademark Office for publication is not legal, and submits to the Trademark Office within 3 months from the date of publication that the trademark should not be registered. Trademark opposition is clearly stipulated in the Trademark Law and its implementation rules, and the purpose of the legal procedure for soliciting public opinions on preliminarily approved trademarks is to carry out the work of confirming trademark rights fairly and openly, and to improve the quality of trademark registration examination.

How to handle trademark opposition application form? (1) Entrust the trademark ** agency to handle 1. Sign the power of attorney for the trademark **, and attach the identity certificate of the objector (such as business license, ID card, etc.); 2. Prepare objection documents: including filling in the objection application, writing the reasons and factual basis for the objection and attaching relevant evidence; 3. The trademark ** agency shall submit the opposition application to the Trademark Office on behalf of the opponent.

2) Directly go to the trademark registration hall to handle 1. Prepare the opposition application: including the opposition application, the reasons for the opposition and the factual basis, and attach relevant evidence; 2. Submit the application form in the trademark registration hall; 3. Hit the barcode in the coding window; 4. Pay the objection fee at the payment window. (3) Handle by mail 1. Prepare the objection application documents

Including the opposition application (available online**), the reasons for the objection and the factual basis, and attach relevant evidence; 2. Mailing to the Trademark Office by ** or express mail through the post office. Article 123 of the Civil Code (effective as of January 1, 2021) stipulates that civil subjects enjoy intellectual property rights in accordance with the law.

Intellectual property rights are the exclusive rights enjoyed by the right holder in accordance with the law in respect of the following subject matter: (1) works; (2) Inventions, utility models, and designs; (3) trademarks; (4) geographical indications; (5) Commercial secrets; (6) Layout design of integrated circuits; (7) new varieties of plants; (8) Other subject matter provided for by law. In the process of handling the sample text of the trademark opposition application, the parties need to prepare clear evidence for their own opposition as supporting evidence, and in the model text of the application, they also need to put forward their own requirements, and the relationship between the parties also needs to be clearly elaborated.

After that, the application can be submitted to the model trademark registration hall for processing.

Trademark opposition shall be filed with the Trademark Office. To apply for a trademark opposition, you need to prepare the following materials:

1. Application for trademark opposition;

2. Clear request and factual basis, with relevant evidence attached, and the reason for objection should be signed or stamped with the official seal of the objector;

4. Proof of identity of the objector.

5. A copy of the ID card of the person in charge. Moreover.

6. If the trademark agency is entrusted to handle the trademark opposition application, the trademark power of attorney must also be submitted.

1. How to apply for international trademark registration.

When we usually refer to the international trademark registration, we generally refer to the Madrid international trademark registration. There are two ways to apply for Madrid international trademark registration through the Trademark Office: (1) entrust a nationally recognized trademark ** agency to handle it.

2) The applicant goes directly to the Trademark Office to handle the application. 1. Handling process: 1. If the trademark agency is entrusted, the applicant can voluntarily choose any nationally recognized trademark agency to handle it.

All trademark agencies filed with the Trademark Office are published in the column "**Agency". 2. If the applicant goes directly to the Trademark Office, the applicant can follow the following steps: prepare the application documents, submit the application documents to the International Registry of the Trademark Office, pay the registration fee and receive the international registration certificate according to the provisions of the Notice of Fees.

II. Required Documents: 1. Completed and stamped application for international registration in Chinese; 2. Fill in and affix the official seal or signature of the application form for international registration in a foreign language; 3. Two trademark drawings. If it is a color trademark, two color trademark drawings must also be attached; 4. If the trademark agency is entrusted, the power of attorney for the trademark should also be submitted.

2. What should I do if the trademark is maliciously objected to for no reason?

If the trademark is opposed in bad faith for no reason, the opposition may be defended within 30 days of receiving the notice of opposition. The specific process of trademark opposition and its handling is as follows:

1. Raise an objection: fill in the Trademark Opposition Form, indicating the name of the opposed trademark, the category of goods, the preliminary approval number, the issue of the preliminary approval announcement, and the reason for the objection.

2. Notification of defense: After receiving the opposition and relevant evidence, the Trademark Office shall send a copy of the opposition to the objector, and the objected party shall make a written reply within 30 days from the date of receipt of the opposition. If the objected party fails to make a reply within the time limit, it shall be deemed to have waived the right and shall not affect the conduct of the opposition procedure.

3. Amendment: After receiving the opposition application, if the Trademark Office finds that there are problems in the opposition application that need to be corrected, it will send a notice of amendment to the objector or the trademark ** agency to make the correction within a time limit.

Article 24 of the Regulations for the Implementation of the Trademark Law provides that if an objection is raised against a trademark that has been preliminarily approved and published by the Trademark Office, the objector shall submit to the Trademark Office the following trademark opposition materials in duplicate and marked with the original and copy:

1) Application for trademark opposition;

2) Proof of the objector's identity;

3) Where an opposition is raised on the grounds of violation of the provisions of Article 13, Paragraphs 2 and 3, Article 15, Article 16, Paragraph 1, Article 30, Article 31 and Article 32 of the Trademark Law, the objector shall be the prior right holder or interested party.

The application for trademark opposition shall have a clear request and factual basis, and be accompanied by relevant evidentiary materials.

1. The opponent entrusts the trademark ** agency to handle it. 1. Sign the power of attorney for the trademark, and attach the identity certificate of the objector (such as business license, ID card, etc.); 2. Prepare objection documents: including filling in the objection application, writing the reasons for the objection and the factual basis in front of the stool, and attaching relevant evidence; 3. The trademark jujube grinding agency shall submit the opposition application to the Trademark Office on behalf of the objector.

2. The opponent shall handle the application by mail or directly in the trademark registration hall. 1. Prepare the objection application: including the objection application, the reasons for the objection and the factual basis, and attach relevant evidence; 2. Submit the application form in the trademark registration hall; 3. Hit the barcode in the coding window; 4. Pay the objection fee at the payment window.

Legal basis: Trademark Law of the People's Republic of China Article 33 Within three months from the date of publication, the prior right holder or interested party may file an objection with the Trademark Office if it believes that it violates the provisions of Paragraphs 2 and 3 of Article 10, Paragraph 1 of Article 16, Article 30, Article 31 and Article 32 of this Law, or any person who believes that it violates the provisions of Articles 4, 10, 11, 12 or 19, Paragraph 4 of this Law. If there is no objection at the expiration of the announcement period, the registration shall be approved, the trademark registration certificate shall be issued, and the announcement shall be made.

Entrust the trademark ** agency to handle:

1. Sign the power of attorney for the trademark, and attach the identity certificate of the objector (such as business license, ID card, etc.);

3. The trademark ** agency shall submit the opposition application to the Trademark Office on behalf of the opponent.

Go directly to the trademark registration hall to handle it:

2. Submit the application form in the trademark registration hall;

3. Hit the barcode in the coding window;

4. Pay the objection fee at the payment window.

By mail:

2. Mailing to the Trademark Office by ** or express mail through the post office.

Article 18 of the Regulations for the Implementation of the Trademark Law of the People's Republic of China.

If the application for trademark registration is complete, the application documents are filled in in accordance with the provisions and the fee is paid, the Trademark Office will accept it and notify the applicant in writing; If the application formalities are incomplete, the application documents are not filled in in accordance with the regulations, or the fee is not paid, the Trademark Office will not accept the application, and notify the applicant in writing and explain the reasons.

If the application formalities are basically complete or the application documents basically comply with the regulations, but it needs to be supplemented and corrected, the Trademark Office shall notify the applicant to make corrections and return them to the Trademark Office within 30 days from the date of receipt of the notice. If it is supplemented and corrected within the prescribed time limit and submitted to the Trademark Office, the filing date shall be retained; If the Trademark Office fails to make up the standard or fails to make corrections as required by the expiration of the time limit, the Trademark Office will not accept the application and notify the applicant in writing.