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Hello, trademark opposition refers to the act of raising an objection in accordance with the Trademark Law and requesting the Trademark Office to reject the trademark registration application within the opposition period of 3 months from the date of the preliminary examination and announcement of a trademark that has been preliminarily approved and announced by the Trademark Office. Anyone can file an opposition to a preliminarily approved trademark within three months from the date of publication. It can be a trademark registrant or a non-trademark registrant, an enterprise, a public institution, an individual, a legal person or an unincorporated person, and they can be both interested parties and any third party.
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Legal basis: Trademark Law of the People's Republic of China Article 30 Macro Article 3 For a trademark that has been preliminarily approved and announced, within three months from the date of announcement, the prior right holder, interested party or any person who believes that the provisions have been violated may file an objection with the Trademark Office in the Trademark Office.
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Trademark oppositions can be filed by:
1. The prior right holder and interested party may raise objections to the refusal of the group to make or imitate or translate the well-known trademark of another person that is not registered in China, and to register it ultra vires;
2. All citizens may object to the application for registration of a trademark in bad faith for the purpose of non-use, and the fact that the sign falls within the scope of non-use as a trademark.
[Legal basis].
Article 22 of the Trademark Law of the People's Republic of China.
The applicant for trademark registration shall fill in the class of goods and the name of the goods using the trademark in accordance with the prescribed commodity classification table, and submit an application for registration.
Article 28.
For the trademark applied for registration, the Trademark Office shall complete the examination within nine months from the date of receipt of the trademark registration application documents, and if it complies with the relevant provisions of this Law, it shall make a preliminary examination and announcement.
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 13, Paragraphs 2 and 3 of Article 15, Paragraph 1 of Article 16, Article 30, Article 31 and Paragraph 4 of Article 19 of this Law, or any person who believes that it violates the provisions of Articles 4, 10, 11, 12 or 19.4 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.
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Legal basis: Trademark Law of the People's Republic of China Article 33 For a trademark that has been preliminarily approved and announced, within three months from the date of announcement, the prior right holder, interested party or any person who believes that the provisions have been violated may file a repentance objection with the Trademark Office.
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