EU
trademark application
substantive examination
(absolute reason)
Announcement of the trademark
register
rejection decision
common problem
Trademark opposition
Trademark objection is a legal procedure for public solicitation of public opinions on the preliminary examination of a trademark as clearly stipulated in the Trademark Law and the Regulations for the Implementation of the Trademark Law. If there are different opinions on the preliminary examination of the trademark, three cases shall be issued from the date of the announcement of the preliminary examination. During the monthly opposition period, an application for non-registration of a trademark can be filed with the Trademark Office, or an application for opposition can be filed.
1. Trademark opposition application
2. A clear request and factual basis, with relevant evidence materials, and a statement of objection signed or sealed by the objector
3. A copy of the announcement of the preliminary examination of the opposed trademark (downloadable online)
4. Identification of the objector
5. Copy of the person's ID card
6. If a trademark agency is entrusted to handle the trademark opposition application, a power of attorney from the trademark agency must also be submitted
When the trademark applied for registration passes the preliminary examination and enters the opposition period of three months after the announcement of the preliminary examination, once others raise an opposition, the opposition procedure will be started. The trademark applied for registration becomes the opposed trademark, and even if a registration notice has been issued, the registration notice is invalid. After the Trademark Office accepts the application for trademark opposition, it will promptly copy the opponent's "Trademark Opposition Application Form", the reasons for the opposition and the evidential materials to the opponent, and the date on which the opponent receives the opposition shall be limited. Copy of trademark opposition. If the respondent fails to file a written defense within the time limit, it shall be deemed to have waived the right of defense, and the objection procedure will continue as usual.
The respondent's response should include the following:
1. The subject qualification of the respondent: must be the other party or the agent legally entrusted by the other party.
2. If a trademark agency is entrusted to respond to a trademark objection, a "Power of Attorney for Trademark Agency" must be attached.
3. The reasons for the defense of trademark objection are clear
As for the reasons for opposition and evidential materials in the Trademark Opposition Application, the opposing party shall provide corresponding defense reasons and evidential materials. In the event of an objection, the defence and the sufficiency of the evidentiary material may be decisive. effect.
According to the facts and reasons stated by the parties, the Trademark Office made an opposition ruling after investigation and verification, and made an opposition ruling and notified both parties of the opposition
Trademark opposition is a legal procedure that clearly stipulates in the "Trademark Law" and the "Regulations for the Implementation of the Trademark Law" to publicly solicit public opinions on the preliminary examination of trademarks. If anyone has a different opinion on the preliminary examination of the trademark, 3 cases shall be issued from the date of the preliminary examination announcement. During the monthly opposition period, an application for non-registration of the trademark may be filed with the Trademark Office and an application for opposition may also be filed.
1. Trademark opposition application2. A clear request and factual basis, accompanied by relevant evidence materials, and the objection statement should be signed or stamped by the objector3. A copy of the preliminary review announcement of the opposed trademark (available for download from the Internet)4. The identity certificate of the dissident5. A copy of the handling person’s ID card6. If a trademark agency is entrusted to handle trademark opposition applications, a power of attorney for trademark agency must also be submitted
When the trademark applied for registration has passed the preliminary examination and entered the three-month opposition period after the announcement of the preliminary examination, once the opposition is raised by others, the opposition procedure will be initiated. The trademark applied for registration becomes the opposed trademark, even if the registration notice has been published, the registration notice is invalid. After the Trademark Office accepts the trademark application, it will promptly send a copy of the opponent's "Trademark Opposition Application Form" and the reasons for the opposition and evidence materials to the opponent, and limit the opponent to the date when the opponent receives the copy of the trademark opposition. If the respondent fails to make a written defense within a limited period of time, it shall be deemed to have waived the right to respond, and the objection procedure will continue as usual.
The respondent’s reply should include the following:1. The subject qualification of the respondent: must be the opponent or an agent legally entrusted by the opponent.2. If you entrust a trademark agency organization to respond to a trademark opposition, the "Trademark Agency Power of Attorney" must be attached.3. There are clear reasons for the defense of trademark oppositionRegarding the dissenting grounds and evidentiary materials in the "Trademark Opposition Application", the opposing party should provide corresponding reasons for defense and evidentiary materials. The adequacy of the reasons for defense and evidentiary materials may be decisive in the case of opposition. The role of .
The Trademark Office will make an opposition ruling based on the facts and reasons stated by the parties and after investigation and verification, and prepare an opposition ruling to notify both parties to the opposition