What should be paid attention to in trademark objection and objection defense

Precautions for trademark objection:

1. The objector can only raise an objection to the trademark that has been preliminarily approved and published in the Trademark Notice by the Trademark Office within the period of objection. The period of objection is three months, counting from the date of announcement of preliminary examination and approval of the challenged trademark to the day before the registration announcement.

2. The objection raised by the objector shall have a clear claim, factual basis and corresponding evidence support. If the evidence cannot be submitted when the objection application is submitted, it shall be stated in the objection application, and the evidence shall be submitted within 3 months from the date of submission of the objection application (it can be submitted by mail within 3 months).

3. If the last day of the objection period is a legal holiday, it can be postponed to the first working day after the holiday.

4. If the objection fee is paid by bank remittance, the copy of the remittance slip retained by the objector shall be submitted to the Trademark Office together with the objection application. When the Trademark Office receives the application for objection, if it does not receive a copy of the money order, it will send the Notice of Payment to the objector. The objector shall pay the fees in accordance with the Payment Notice, and mail the copy of the retained remittance slip together with the Payment Notice to the Trademark Office.

Precautions for trademark objection defense:

1. Grasp the key points

When the trademark is not similar, it shall be described from the aspects of sound, form and meaning of the trademark; The goods to be refuted are different. The difference is explained from the goods themselves, especially whether it affects the purchase and use of consumers.

2. Highlight advantages

If the trademark of the objected has a certain originality, or has prior rights, it should be stated as an important content. These are the strong reasons and arguments of the objected.

3. Strong pertinence

The defense is to refute the opponent's reasons one by one, which is reasonable and well founded. The opponent must show the authenticity of the content of the defense, and must also provide evidence to prove that his defense is based, not fabricated.

4. Timely defense

According to the provisions of the Trademark Law, the time limit for defense is 30 days from the date when the respondent receives the defense notice. If the defense is overdue, it will be treated as no defense; The supplement of defense materials is not unlimited, so if the defense still needs to be supplemented, it must be submitted in time.