What does it mean when a registered trademark is opposed?

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.

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The Trademark Law stipulates that within three months after the publication of the preliminary examination of the trademark registration application.

If someone thinks that the mark will have a negative impact on other trademarks, they can oppose the mark.

If the objection is sustained after examination, the trademark shall not be registered.

Opposition to trademark registration is handled as follows: according to the relevant onesLaws and RegulationsIf an objection is raised against a trademark in the preliminary examination announcement, the Trademark Office shall listen to the facts and reasons stated by the opponent and the objectee, and after investigation and verification, decide whether to grant the registration within 12 months from the date of expiration of the announcement, and notify the opponent 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.

If the Trademark Office makes a decision to approve the registration, it shall issue a trademark registration certificate and make a public announcement.

Article 23 of the Trademark Law of the People's Republic of China requires a registered trademark to obtain the exclusive right to use the trademark on goods outside the approved scope of use, and a separate application for registration shall be filed.

Many people know that trademark opposition is the opposition during the registration process and the trademark announcement, but what they don't know is that the registered trademark will also have the risk of being opposed during the use of the trademark, which is as follows.

For a trademark that has been successfully registered, others can also raise questions about the trademark and have revoked the other party's exclusive right to use the Huzhou trademark, but in fact, strictly speaking, this is not an objection, but a dispute. If a person files a dispute with the Trademark Office during the period of use of the trademark, if the material evidence is conclusive and the Trademark Office can be convinced, the trademark will be revoked. At this time, success requires the professionalism of the lawyer and the strength of the trademark agency, but in general, such disputes rarely occur.

Trademark disputes are not time-definite, and they cannot be raised at any time, and the specific dispute time is that the trademark can be filed within five years after the registration of the trademark, but once it exceeds five years, then it is not allowed.

The opposition mentioned here mainly considers that some unscrupulous people have obtained a registered trademark by deception or other improper means, so others have the right to apply for opposition to the trademark, which protects the trademark from being preemptively registered in bad faith to a certain extent.

In a narrow sense, it refers to a trademark that has been preliminarily approved and published after being objected to. Broadly speaking, all trademarks involved in the event of opposition can be called"Opposed trademarks"。

Article 22 of the Trademark Law Where an objection is raised against a trademark that has been preliminarily approved and published by the Trademark Office, the objector shall submit two copies of the trademark opposition to the Trademark Office. The trademark opposition document shall indicate the issue number and preliminary approval number of the trademark being published in the Trademark Bulletin. The trademark opposition should have a clear request and factual basis, and be accompanied by relevant evidentiary materials.

Legal analysis: The specific process of handling trademark opposition and sock wheel return is as follows: 1. Filing an opposition:

Fill in the Trademark Opposition Form, indicating the name of the opposed trademark, the class of goods, the preliminary approval number, the issue number of the preliminary approval announcement, and the reasons for the opposition. 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 of duty, and it will not affect the conduct of the opposition procedure. 3. Correction (not a mandatory process): 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 supplement and correct within a time limit.

4. Make an objection decision.

Legal basis: Company Law of the People's Republic of China

Article 6 To establish a company, an application for establishment registration shall be made to the company registration authority in accordance with the law. If the establishment conditions stipulated in this Law are met, they shall be registered as a limited liability company or a stock company by the company registration authority; If it does not meet the establishment conditions stipulated in this Law, it shall not be registered as a limited liability company or a share****. If laws and administrative regulations stipulate that the establishment of a company must be approved, the approval shall be handled in accordance with the law before the company is registered.

The public may apply to the company registration authority for inquiries into the company's registration matters, and the company registration authority shall provide inquiry services.

Article 7 A business license shall be issued by the company registration authority for a company established in accordance with the law. The date of issuance of the company's business license is the date of incorporation of the company. The company's business license shall indicate the company's name, domicile, registered capital, business scope, name of legal representative, and other matters.

If there is a change in the items recorded in the company's business license, the company shall go through the change registration in accordance with the law, and the company registration authority shall renew the business license.

Abstract: Trademark opposition is to solicit public opinions on the preliminary examination, which can supervise whether the Trademark Office confirms the trademark rights fairly and equitably, and anyone can file an opposition with the Trademark Office within three months after the preliminary examination is announced.

Trademark oppositions. After accepting the trademark opposition application, the Trademark Office will send a copy of the trademark opposition application, the reasons for the opposition and the supporting materials to the objectee, and the opponent needs to reply to the opposition within 30 days from the date of receipt. If the trademark is opposed and does not reply, then the trademark will directly enter the opposition procedure, and the Trademark Office will directly make a ruling based on the evidence presented by the objector, once the reason is established, the trademark will be deemed invalid and the registration will not be approved.

If the trademark is opposed and the trademark applicant needs to provide evidence in his favor for the reasons for the opposition, what other issues should be paid attention to in the opposition defense?

1. Grasp the key points.

If it is to argue that the trademarks are not similar, it is necessary to describe the sound, shape and meaning of the trademarks, and if it is to argue that the goods are not similar, it can be explained from the trademarks themselves, especially whether it will affect the purchase and use of consumers.

2. Highlight advantages.

If the opponent's trademark is distinctive, or if it has prior rights, these can be used as important content statements.

Trademark oppositions. 3. Strong pertinence.

The objected party shall make a well-founded defense on the grounds of the objection, and shall also show the authenticity of the content of the defense, and shall also provide evidence to prove that its defense is well-founded and not fabricated out of thin air.

4. Defend on time.

The defense should be carried out within the prescribed time limit, and the overdue defense will be treated as an unanswered, and the supplement of the defense materials is not indefinite, so if the defense needs to supplement the materials, it must be submitted in time.

5. Professional first-class organization.

The opposition defense needs to be done by a professional person, and you can find a professional ** organization, and experienced personnel will write the case and do a good job in the opposition defense procedure. Moreover, the first institution can also refute the reasons for opposition through the defense, and provide corresponding evidence, which can improve the success rate of trademark registration.

Trademark oppositions. If the trademark is opposed, the applicant should not panic, analyze the reasons for the opposition one by one, and then make a reply, as long as the point of view is clear, it can play a corresponding role.

If the information provided by the other party can fully prove that his trademark has priority rights and interests, then your trademark may be rejected. If you were registered a trademark through the **** company to submit, then your ** company will receive the state issued by the opposition documents, according to the situation on the document can analyze the reasons for the objection, in the specific analysis to see how big the success rate of the opposition review is, if the success rate of the opposition review is high, you can through your ** company for opposition lease review, because the opposition review to write some materials, so it is best to submit the opposition review in the name of the ** company, which may be slightly more professional. "