Anyone who files an objection to the trademark status may make an objection reply within 30 days after receiving the Notice of Trademark Objection. Materials required for objection defense: original trademark proxy power of attorney, defense reasons, defense notice or review evidence exchange notice, applicant's subject qualification certificate, and relevant evidence materials that can support defense reasons.
When the Trademark Office decides to declare a registered trademark invalid, it shall notify the parties concerned in writing. If a party refuses to accept the decision of the Trademark Office, he may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receiving the application and notify the parties in writing. There are special circumstances that need to be extended, which can be extended for three months with the approval of the administrative department for industry and commerce of the State Council.
The specific process of trademark status objection application and its handling is as follows:
1. Objection: fill in the trademark objection letter, indicating the name, commodity category, preliminary approval number, preliminary approval announcement number and objection reasons.
2. Notice of reply: After receiving the objection and relevant evidence, the Trademark Office will send a copy of the objection to the objector, who shall make a written reply within 30 days from the date of receiving the objection. If the objector fails to make a reply within the time limit, it shall be deemed as a waiver and will not affect the objection procedure.
Correction (non-essential process): After receiving the objection application, the Trademark Office will issue a notice of correction to the objector or trademark agency if it finds that there is any problem with the objection application, and make corrections within a time limit.
3. Make an objection decision. Legal basis: Article 35 of the Trademark Law of People's Republic of China (PRC) raises an objection to a trademark that has been preliminarily approved and announced. The Trademark Office shall listen to the facts and reasons stated by the objector and the objector, and after investigation and verification, make a decision on whether to approve the registration within 12 months from the date of expiration of the announcement, and notify the objector and the objector in writing. There are special circumstances that need to be extended, which can be extended for six months with the approval of the administrative department for industry and commerce of the State Council. Where the Trademark Office approves the registration, it shall issue a trademark registration certificate and make an announcement. If the objector refuses to accept it, he may, in accordance with the provisions of Articles 44 and 45 of this Law, request the Trademark Review and Adjudication Board to declare the registered trademark invalid. This is not only a question of trademark status objection application, if there are other questions, you can consult intellectual property rights for a detailed understanding.
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