mail@yfiplaw.com

SERVICES

Trademark Opposition 

Any person may, within three months from the date of the publication, file an opposition against the trademark that has , after examination, been preliminarily approved. If no opposition has been filed, or if it is decided that the opposition is not justified, the registration shall be approved, a certificate of trademark registration shall be issued and the trademark shall be published. If it is decided that the opposition is justified, no registration shall be approved. 

  Required Materials

1. Application for trademark opposition;

2. A copy of the applicant's identification document;

3. Clear reasons for dissent, facts and legal basis, and accompanying relevant evidentiary materials. The objection grounds should be signed or affixed with the official seal;

4. Violation of Article 13, paragraphs 2 and 3, Article 15, Article 16, paragraph 1, Article 30, Article 31, and Article 32 of the Trademark Law If the objection is filed, the applicant shall submit the document as the subject qualification of the prior right holder or interested party.

Note: The relevant evidence materials that prove that the applicant is the prior right holder or interested party are the necessary documents that the applicant should submit at the same time when the objection application is first filed on a relative basis. The objection form review stage only needs to prove the first. Preliminary evidence of rights or interests.

5. Letter of attorney for trademark agency. The proxy statement shall state the agent's agency authority, agency matters and the date of authorization. The agency cannot represent both parties to the opposition in the same trademark opposition.

  Handling Procedures

异议流程-英2.png


  Notes:

① The trademark registration process only requires the payment of the initial application fee. Unless the trademark is rejected or dissent, there is no need to pay the fee within ten years. Do not listen to any calls from the Trademark Office or the agency that require payment.

② In case of trademark rejection or trademark objection, we will take the initiative to contact you, and do not listen to phone calls from strange firms.

③ If the trademark has not been used for 3 consecutive years after registration in China, the trademark may be revoked.