Product Details
Trademark Opposition and Cancellation
● Trademark Opposition Application
Materials required for application:
, "Trademark Opposition Application" and its attachments (reasons for objection and materials) in duplicate.
If the applicant is a company, he or she must submit a copy of the "Business License". If the applicant is an individual, he or she must submit a copy of his or her ID card.
If you entrust an agency to act as an agent, you must submit a "Trademark Agency Power of Attorney" in duplicate.
Instructions for filling in the form:
The date of trademark opposition application shall be the date when the Trademark Office receives the application documents. If the last day of the objection period is a holiday, it may be postponed to the first working day after the holiday.
The reasons for objection can be attached to the objection letter and a copy of the preliminary examination announcement of the opposed trademark.
The Trademark Office will forward a copy of the "Trademark Objection Letter" to the objected party within a time limit of thirty days for defense. Failure to respond within the time limit shall be deemed as giving up the right to respond and shall be adjudicated by the Trademark Office.
● Cancellation
If a registered trademark is a mark that cannot be used as a trademark or a mark that cannot be registered as a trademark, or the registration was obtained by deception or other unfair means, the Trademark Office will cancel the registration of the trademark. Others An entity or individual may request the Trademark Review and Adjudication Board to cancel the trademark registration.
If a registered trademark falls into the following circumstances, the trademark owner or interested party may request the Trademark Review and Adjudication Board to cancel the registered trademark within five years from the date of trademark registration:
The trademark applied for registration for the same or similar goods is Copying, imitating or translating someone else’s well-known trademark that has not been registered in China is likely to cause confusion
A trademark applied for registration on different or dissimilar goods is copying, imitating or translating someone else’s well-known trademark that has been registered in China, thereby misleading the public. The interests of the registrant of the well-known trademark may be harmed
The unauthorized agent or representative registers the trademark of the principal or represented person in his own name. The agent or represented person raises objections< br/>Except for trademarks that contain geographical indications of goods and the goods do not originate from the area indicated by the mark to mislead the public and have been registered in good faith
Rights previously acquired with others (copyrights, patent rights, name rights , portrait rights, company name rights) that conflict with other people's trademarks that have already been used and have a certain influence and have been registered by improper means.
A registered trademark on the same or similar goods is identical or similar to a previously registered trademark
The owner of a well-known trademark registered in bad faith is not subject to the five-year time limit.
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Contact person: Li Wenzhong
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