, brief description
trademark opposition is the trademark law and the preliminary examination specified in the regulations for the implementation of the trademark law trademark proceedings open for public comment, aimed at monitoring the Trademark Office trademark is indeed fair, open manner. Trademarks have different comments on the preliminary examination of any person who, in the preliminary examination within the period of 3 months from the date of publication of the objection to the Trademark Office to protest.
two handle way to
apply to the Trademark Office challenged has the following two ways:
(a) authorize State-approved trademark agents to handle.
(b) the opponent directly to the Board of trade marks registration Hall for.
, handling three steps
(a) entrusts a trademark agency
1, signed power of Attorney for trademark and the identity of the applicant (such as business licenses, ID cards, etc),
2, Ready to dissent: including fill in the notice of opposition, the preparation of objection grounds and facts and evidence;
3, the trademark Agency's objection to the notice of opposition submitted by the Trademark Office.
(b) directly to the trademark registration Hall for
1, preparing the notice of opposition: including grounds for notice of opposition, objections and facts and evidence;
2, Hall submitted an application for trademark registration in parts
3, in the code window-box bar code;
4, pay the opposition fee a payment window.
preparation of four and the application form for the
(a) the documents to be submitted
1, application for trademark opposition;
2, specific requests and factual basis, with relevant evidence, Dissenting reasons for the signature or seal of the applicant;
3, copies of the opposed trademark preliminary approval notice (can be downloaded from the Internet),
4, the identity of the applicant.
5, agent ID card copy.
6, entrusted a trademark Agency for trademark objection must also submit a power of Attorney for trademark.
(b) specific requirements
1, a Trademark Search on only one issue of the opposition is filed, every notice of opposition shall be submitted in duplicate.
2, notice of opposition shall be typed or printed, other books or written neatly and clearly, filled out in ink or typewriter print, relevant evidence should arrange directory and the corresponding page number.
3, trademarks and preliminary examination to be dissent, categories, being the opponent (with trademark applicants in the trademark Gazette shall prevail) the name and address must be filled in; be opposed trademark by the trademark Agency to apply for registration of, still need to fill in the trademark agency name.
4, challenge opponent's name and contact information must be filled in, stamped with the seal position with the opponent and the applicant, on behalf of the same stamp (objection to a natural person shall be signed or sealed).
5, applicant ID: including business license copy (stamped with the seal of the enterprise), copy of ID card and so on.
v, correction of the objection (non-necessary procedure)
(a) send correction notifications
the trademark office after the receipt of the objection, if you find problems need correction in the notice of opposition will send a correction notice to the applicant or the trademark agency deadlines for correction. If applications are submitted by the opponent himself, the Trademark Office will be notified directly to the opponent to send corrections if entrusts a trademark agency Trademark Search, trademark office will send correction notifications to the trademark Agency.
(b) correction deadline
the opponent or received any objection by the Trademark Office trademark agency correction notice, in accordance with the notification requirements in the corrections to the corrections contents, has been corrected within the time limit set by the material returned and Trademark Office issued a corrected notice registration Hall or by registered mail to the Trademark Office. In addition to request copy of the objection, other corrections of material must be submitted in duplicate.
1, Supplement books must be stamped with the same objection on behalf of the people of the seal.
2, corrections must be requested by the corrections completed clearly and accurately.
3, the time limit for correction to correction received the trademark office within 30 days from the date of notification. Trademark Office issued a document envelope should be used as the parties receiving vouchers, together with the Trademark Office of the corrections service of notice together with the Trademark Office.
4, entrusted a trademark Agency for trademark objection must be stamped with the official seal of the trademark Agency.
Trademark Search one of the following situations, the Trademark Office will not be accepted:
(a) without the preliminary approval by the trademark office in the notice of opposition is filed;
(B) the objection deadline set by outside the law;
(c) Trademark Search is not clear and factual basis of the request;
(d) is not paid within the prescribed period of trademark opposition fees;
(v) the correction is not made within the stipulated period or without the required correction.
seven opposition charges
each Trademark Search should pay fee 1000 Yuan.
(a) entrusts a trademark Agency's objection, objection to the trademark agency pay the opposition fee and fee, charged by the Trademark Office objection fee deducted from the advances of the trademark Agency.
(b) directly to the application for trademark registration Hall for dissent, the trademark registration the fee paid directly to the Hall.
1, the opposition only within the objection period for preliminary approval by the Trademark Office published in the trademark Gazette on the opposition is filed. Objections for a period of 3 months, since preliminary audited counted from the date of publication of the opposed trademark, until the day before the announcement.
2, appeal the opponent should be clear and factual basis and have appropriate supporting evidence. Challenged evidence not submitted with the application, shall be declared in the notice of opposition, and shall within 3 months from the date of submission of objection submitted evidence (can be mailed back within 3 months).
3, dissent is a statutory holiday on the last day of the term, can be extended to the first working day after the holiday.
4, by bank transfer, pay the opposition fee, the opposition retained copies of money orders should be sent together with the notice of opposition with the Trademark Office. Upon receipt of a notice of opposition to the trademark Bureau, if you did not receive a copy of the money order, the Trademark Office of the payment notice will be sent to the opponent. The opposition fees should be paid according to the payment notice and copies together with the remaining remittance of the payment notice sent by mail to the Trademark Office.
5, the trademark office after receiving the application for trademark opposition, after examination, is admissible to issue the notification of acceptance. If objections are submitted by the opponent himself to apply, the Trademark Office will give the opponent sends the notification of acceptance if entrusts a trademark agency Trademark Search, trademark office, you will be sent to the notification of acceptance of the trademark Agency.
6, trademark opposition for a period of 30 days, counted from the date of the receipt of the letter of reply. On the objections corrected and evidence submitted by the requirements and time limits also apply to procedure.
7 and applicant submitted objections to the Trademark Office application date: sent, subject to the application date; by mail, with date of postmark date shall prevail; postmark date is not clear or there is no postmark, the date of actual receipt by the Trademark Office shall prevail.
8, and due to paper quality trademark announcement typesetting of technology reasons, General in objections period last one months proposed of objections application, trademark announcement in the also has may published was objections trademark of registered announcement, so, trademark law implementation Ordinance 23rd article second paragraph provides: "was objections trademark in objections ruled entered into force Qian has published registered announcement of, revoked original registered announcement, by objections ruled approved registered of trademark again announcement. "The 28th Edition of the trademark Gazette published trademark opposition and ruling circumstances.
9, due to the opponent or the opponent's address changes, the trademark office issuing the notice of objection, the post office cannot be delivered are returned, the Trademark Office will be published on the 21st day of each month the delivery notice is published in the trademark Gazette. From the date of announcement on 30th, the document shall be deemed to have been served.