Is there a time limit for the issuance of opposition to the Trademark Office?

1. Trademark opposition defense refers to the legal act of the respondent of a trademark opposition case to refute the reasons for opposition in writing within the statutory time limit.

2. 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 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.

3. The Trademark Law stipulates that: Article 35 Where 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 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.

4. If the Trademark Office makes a decision to approve the registration, it shall issue a trademark registration certificate and make a public announcement. If the objector is not satisfied, it may apply to the Trademark Review and Adjudication Board for invalidation of the registered trademark in accordance with the provisions of Articles 44 and 45 of this Law.

5. 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 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 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.

6. In the course of conducting a review in accordance with the provisions of the preceding paragraph, the Trademark Review and Adjudication Board may suspend the examination if the determination of the prior rights involved must be based on the outcome of another case that is being heard by the people's court or handled by an administrative organ. After the reasons for the suspension are eliminated, the review procedure shall be resumed.

The time for issuing the opposition reply of the Trademark Office is clearly stipulated:

The trademark ** company or the applicant shall make a defense within 30 days after receiving the opposition defense documents, and it cannot be done after 30 days.

Note: The biggest mistake of many applicants is that they think that it is counted from the day the Trademark Office sends the letter, but it is not. It is counted from the day the letter is received.

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The time limit for defending a trademark opposition is 30 days. Legal basis: Regulations for the Implementation of the Trademark Law of the People's Republic of China Article 27 The Trademark Office shall send a copy of the trademark opposition materials to the objectee in a timely manner, and the trademark office shall reply within 30 days from the date of receipt of the copy of the trademark opposition materials.

If the respondent does not reply, it will not affect the decision made by the Trademark Office. If the parties need to supplement the relevant evidence of Xiaolu after filing the opposition application or defense, they shall declare it in the trademark opposition application or defense, and submit it within 3 months from the date of submission of the trademark opposition application or defense; Where they are not submitted at the time limit, it is deemed that the parties have waived supplementing the relevant evidentiary materials. However, if the evidence is generated after the expiration of the time limit or the party fails to submit it before the expiration of the time limit for other legitimate reasons, and the evidence is submitted after the expiration of the time limit, the Trademark Office may admit the evidence after giving it to the other party and cross-examining it.

Legal analysis: The time limit for defending a trademark opposition is within 30 days.

Legal basis: Regulations for the Implementation of the Trademark Law of the People's Republic of China Article 27 The Trademark Office shall send a copy of the trademark opposition materials to the objectee in a timely manner, and the applicant shall reply within 30 days from the date of receipt of the copy of the trademark opposition materials. If the respondent does not answer the objection, it will not affect the decision of the Trademark Office.

If the parties need to supplement the relevant evidence after filing the opposition application or defense, they shall declare it in the trademark opposition application or defense, and submit it within 3 months from the date of submitting the trademark opposition application or defense. Where they are not submitted at the time limit, it is deemed that the parties have waived supplementing the relevant evidentiary materials. However, if the evidence is generated after the expiration of the time limit or the party fails to submit it before the expiration of the time limit for other legitimate reasons, only the first evidence submitted after the expiration of the time limit shall be submitted by the Trademark Office to the other party and cross-examined.

Trademarks need to be applied, and the Trademark Office will announce the trademarks approved for registration after the preliminary examination to the whole country for three months. During these three months, anyone can file an objection. After filing an opposition, a trademark opposition defense should be prepared, so how long does it take to defend a trademark opposition?

Let's take a closer look at intellectual property rights.

The deadline for submission of materials is specified.

1. Within three months of the publication period, the trademark applicant must send the defense materials to the Trademark Office within 30 days from the date of receipt of the Trademark Opposition. The date of direct filing (this date is the date on which the Trademark Office receives the materials to determine whether the application for defense is valid or not); According to Article 10 of the Regulations for the Implementation of the Trademark Law, if the parties directly submit the reply and relevant evidentiary materials, the date of submission shall prevail.

2. Mailing date (the date is the date of receipt of the materials by the Trademark Office, judging whether the defense application is valid or not): If it is mailed, the postmark date of the mail shall prevail. If the postmark date is unclear or there is no postmark, the actual date of receipt by the Trademark Office shall prevail.

However, this does not apply if the party concerned can provide evidence of the actual postmark date. Although the law provides for this proviso, the parties should do their best to send the opposition reply within the objection period and ensure that the postmark is legible, so as to avoid unnecessary trouble. If the respondent's trademark opposition defense materials are submitted by post and the postmark date is not clear, the date of actual receipt by the Trademark Office shall be the date of the defense.

If the actual date of receipt exceeds the statutory opposition period, there is a possibility that a ruling has already been made, which will inevitably have an adverse impact on interested parties and the opposition examination work of the Trademark Office.

Tips: The above is about "How long does it take to defend a trademark opposition?" If you still have any questions about the trademark registration application, please click on the consultants of Bajie Intellectual Property for consultation, and they will give you detailed answers.

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