"Regarding trademark objections and being opposed, the most comprehensive guideline is here-Q&A.-Shenzhen deep trust patent Agency Co., LTD

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"Regarding trademark objections and being opposed, the most comprehensive guideline is here

Release Time：

2022-11-19

When your trademark has passed the "test" of formal and substantive examination, the next step is to enter a new stage - preliminary approval and announcement. In the meantime,Trademarks have a three-month announcement period for public comment.That means, your trademark to accept the public "review", trademark objections occur at this stage, have different opinions on the trademark, can be raised in these 3 months to the trademark Office.

What is dissent?

The trademark objection is《Trademark Act》And the "Trademark Law implementation Regulations" clearly stipulates the legal procedures for the public to solicit public opinions on the preliminary examination and approval of trademarks, whose purpose is to supervise the trademark Office in a fair and open trademark confirmation. Any person who has different opinions on the preliminary examination and approval of the trademark may file an objection with the Trademark Office within three months from the date of announcement of the preliminary examination and approval.

Who can file an objection?

On the basis of《Trademark Act》The objection applicant may be the prior right holder or interested person; Or anyone.

There are various reasons for trademark objections, such as similar to others' prior trademarks, damaging others' existing prior rights, misleading the public with the geographical indication of goods in the trademark, malicious registration without use for purposes, and so on.

What if it's opposed?

After accepting the application for trademark opposition, the Trademark Office will send a copy of the opponent's "Application for Trademark Opposition" and the reasons for the objection and evidence materials to the opposed or the agency of the opposed, and limit the opposed to reply within 30 days from the date of receipt. If the opposed fails to make a written reply within the limited time limit, it will be deemed to waive the right to reply.

Not all trademark objections succeed, however. Similarly, when a trademark is challenged, it is not a "one-shot deal." So this defense is very important, and even determines whether your trademark can be successfully registered! Therefore, after receiving the notice from the Trademark Office, the applicant should not panic too much, analyze the reasons for the objection first, and then respond to the objection in a targeted and timely manner.

What is the point of the objection?

First. Reply in time and on scheduleFirst of all, the most important thing is toAnswer on schedule, answer on schedule, answer on schedule！It's so important that it should be repeated for three times. If you don't make a reply within the time limit set by the trademark Office, it will be considered a waiver, and at that point, you can only resign yourself to fate, and you won't even have a chance to fight. Therefore, in any case, it must be dealt with as soon as possible, and from the date of receiving the notice of defense, the defense will be conducted in accordance with the limited time limit of the Trademark Office. Here is also a reminder that if you change your address during this period, remember to submit a trademark change application and keep in touch with the Trademark Office or trademark agency, so as not to miss the notice issued by the Trademark Office.

Second. Focus on key pointsWill be justified and favorable aspects of the comprehensive and detailed discussion. When disputing that the trademark is not similar, it narrates the trademark from the aspects of sound, shape and meaning. Refuting that goods are not similar, there is a difference from the goods themselves, especially whether it affects the purchase and use of consumers.

Third, highlight the advantagesIf the trademark of the opponent has certain originality, or has prior rights itself, etc. to be stated as an important content, these are powerful reasons and arguments for the opponent. However, the person opposed should pay attention to is that when claiming prior rights in trademark application and registration, whether the right holder has claimed to protect their rights in our country is more critical.Because of our country《Trademark Act》According to the principle of first application and registration, the trademark that has been applied or registered in our country is more convincing than the trademark registered in other countries or regions.

Fourth, strong targetingThe content of the respondent's defense can not be divorced from the content of the trademark objection or completely unrelated to the content of the objection, which is what we often say is not the question. The defense should refute the reasons of the objector one by one, and his defense can't play the role of refuting the objection of the objector. Justification must also be based on evidence, the person opposed to show the truth of the content of the defense, must also provide evidence to prove that its defense is grounded, not fabricated.

The description of trademark objection and defense should also pay attention to the compact content, clear logical relationship, prominent focus, concise and to the point. You can't think that the longer the article, the more rational, the thicker the material, the more convincing. As long as the point is made clearly, it can have the effect it needs. The Trademark Office will make a ruling within 12 months from the date of expiration of the announcement after investigation and verification based on the facts and reasons stated by the opponent and the person against whom the opposition is filed.

Expertise sharing

《Trademark Act》The licensor shall supervise the quality of the goods on which the licensee uses its registered trademark. The licensee shall guarantee the quality of the goods in which the registered trademark is used. Where a person is licensed to use a registered trademark of another person, the name of the licensee and the origin of the goods must be indicated on the goods on which the registered trademark is used. (Source: Trademark Circle)