Can anyone file a trademark opposition?

During the opposition period, any authority, group, enterprise, institution or individual may file an opposition to the preliminarily approved trademark, which can be either an interested party or any third party. The opposition should indicate:

1. The name, preliminary approval number, category, designated goods, issue number and date of publication of the opposed trademark;

2. The name of the cited registered trademark or the preliminarily approved trademark, the approved goods, the category, the registration or approval number; 3. State in detail the reasons for the objection. The opposition must be filed in writing and sent to the Trademark Office in one original and one copy.

Steps in the process of trademark opposition:

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. If it is considered that the opposed trademark is the same or similar to the trademark registered by the objector for use in the same or similar goods, the product category, trademark name, registration number, etc. of the opponent's registered trademark shall also be filled in.

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. 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 a ruling: The Trademark Office shall hear the facts and reasons stated by the objector and the objectee, and make a ruling after investigation and verification.

5. Service of ruling: The Trademark Office shall send the opposition ruling to the objector and the objectee after making the opposition ruling. There are two outcomes of the opposition decision:

1) If the grounds for opposition cannot be established, the trademark shall be registered after preliminary examination; (2) If the grounds for opposition are sufficient, the opposition is sustained, and the trademark that was originally preliminarily approved shall not be registered.

6. Reexamination: If any of the opposing parties is dissatisfied with the opposition ruling, it may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receipt of the notice of opposition.

Legal analysis: For the preliminarily approved trademark, anyone can file an opposition within 3 months from the date of publication. A trademark opposition can be filed by anyone who is cautious

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.

Legal basis: Article 33 of the Trademark Law of the People's Republic of China provides that within three months from the date of announcement, 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 2 of Article 30 of this Law, or any person who believes that it violates the provisions of Articles 4, 10, 11, 12 and 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.

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.

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.