What are the risks of not filing a trademark opposition application?

First of all, your objection to the trademark needs to be based on the fact that the trademark harms your own interests. Because of the plain objection to other people's trademarks, the first success rate is extremely low, the second is inhumane, and the third is to spend money on day work.

However, when it comes to your own interests, such as when the trademark is a similar trademark to yours, or when you need to register the trademark for brand expansion, there are the following risks if you do not choose to oppose the trademark

1) Cause customer losses and deterioration of reputation.

2) There are too many copycat brands, and the publicity cannot be focused.

3) The planned sub-brand is preemptively registered. Or the brand expansion market area cannot be carried out.

Trademark holders should have brand awareness in this regard, and reasonably use trademark rights and trademark laws to protect their rights and interests. If you are not familiar with the trademark law, you can consult with the special trademark protection team of Bajie Intellectual Property to get relevant opinions and suggestions.

It's not easy to code words!

Trademark opposition: A trademark opposition application refers to an opposition to the Trademark Office to prevent the registration of a trademark that has been preliminarily approved and announced by another person within three months from the date of publication.

According to the provisions of the current Trademark Law, any person may file a trademark opposition for any reason within 3 months after the publication of the preliminary examination of the trademark registration application; Trademark opposition is first examined and ruled by the Trademark Office, and if dissatisfied with the ruling of the Trademark Office, it may apply to the TRAB for review; Dissatisfied with the objection review decision may file a lawsuit, and the lawsuit may also go through the first and second instance trials.

If you think that there is no problem with the trademark, then there is no need to file an opposition, but if you find that there is a problem with the trademark and it involves your own interests and rights, then you still need to file an opposition application.

Trademark opposition application - Shibei intellectual property, a large platform.

Legal Analysis: Circumstances in which a trademark opposition application cannot be filed: (1) the applicant fails to file a trademark opposition application for lease verification within the statutory time limit; (2) The applicant does not have the qualifications to apply; (3) There are no clear grounds for the objection or the grounds for the objection do not conform to the provisions of law, facts, or legal basis; (4) The opponent of the same attack on the same trademark files an opposition application against the same trademark on the same grounds, facts and legal basis.

Legal basis: Article 26 of the Regulations for the Implementation of the Trademark Law of the People's Republic of China Article 26 If the application for trademark opposition falls under any of the following circumstances, the Trademark Office shall not accept the application and notify the applicant in writing and explain the reasons:

1) Failure to submit within the statutory time limit;

2) the applicant's qualifications and grounds for opposition do not comply with the provisions of Article 33 of the Trademark Law;

3) There is no clear grounds, facts, or legal basis for objections;

4) The same objector files another opposition application against the same trademark on the same grounds, facts and legal basis. Zenbi.

1. The opponent can only raise an objection to the trademark published in the Trademark Gazette as preliminarily approved by the Trademark Office during the opposition period. The opposition period is 3 months, starting from the day after the announcement of the preliminary approval. If the last day of the opposition period falls on a statutory holiday, it may be extended to the first working day after the holiday.

2. The date on which the opponent submits the opposition application to the Trademark Office: if it is submitted directly, the date of submission shall prevail; If it is mailed, the postmark date shall prevail, and if the postmark date is unclear or there is no postmark, the actual receipt date of the Trademark Office shall prevail; If the submission is made through an express delivery company other than a postal enterprise, the date of receipt of the express delivery enterprise shall prevail, and if the receipt date is not clear, the actual date of receipt by the Trademark Office shall prevail. However, this is not the case where the parties can present evidence of the actual date of receipt and mailing.

Article 33 of the Trademark Law of the People's Republic of China may, within three months from the date of publication, file an objection with the Trademark Office if the prior right holder or interested party believes that it violates the provisions of Paragraphs 2 and 3 of Article 13, Paragraphs 2 and 3 of Article 13 of this Law, Article 15, 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 10, 11 and 12 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.