- April 9, 2022
- Posted by: PandaChecks
- Category: Trademark
A trademark opposition is a challenge to the rights of a particular trademark by filing a request with the Trademark Office. This procedure exists in almost all jurisdictions with a trademark system. The nuances of each jurisdiction are objections before or after the trademark office formalities examination. In China, the opposition window is open to the public after a substantive examination of a trademark application. If no application is filed within the opposition period, the trademark certificate will be issued to the applicant.
Is there a time limit for filing a trademark opposition? Yes, according to the Chinese Trademark Law, any interested party, prior rights holder or who believes that the trademark objection violates the provisions of Articles 10 to 12 may file an objection within three months from the date of publication in the Trademark Gazette to which the trademark belongs. . However, for an application for extension of a Madrid international application designating China, the deadline for filing an opposition is within three months after the first day of the month following the publication of the International Trademark Announcement by WIPO. For example, for national trademark applications, if publication is announced in the Trademark Gazette on August 6, 2020, the deadline for filing an opposition is November 6, 2020. For international trademark applications, if announced on August 6, 2020 for publication August 10, 2020,
Who can file a trademark opposition?
Article 33 of the Trademark Law specifies the qualifications of an opponent, that is, any interested party or prior right holder, except that absolute grounds do not limit the qualifications of the opposing party. This means that if you had any prior rights before the filing date of the mark, you can file an opposition. For example, copyright, patent right, trade name, name right, portrait right and other legal rights. Of course, if the applicant has business dealings with you, or if you have used the trademark in China for a period of time before the filing date, you can also file an opposition. For this type of objection, we recommend that you seek legal advice from a lawyer or solicitor, as it requires evidentiary support, so preparing it yourself may be a bit difficult.
What does it take to file an objection?
First, similar to a new trademark application, if you are a Chinese citizen, you can file an opposition to the State Intellectual Property Office yourself. But if not, you must submit it by a Chinese institution. Secondly, it is not difficult to file an objection, you can submit the following documents first to meet the deadline and submit a further statement within three months of submission.
How soon will the decision be issued?
After an objection is raised, the opposing party may have three months to make further representations. The State Intellectual Property Office then forwards a copy of the opposition to the trademark applicant. Whether or not the trademark applicant responds to the opposition, the decision will be issued approximately nine months after the opposition is filed. Even if CNIPA backs opponents in the opposition, that’s still not the end of the story. Because the law allows a trademark applicant to obtain relief, file a trademark review appeal within 15 days of receipt of the opposition decision. 15 days passed and it was all over.
What is the remedy if I lose against my opponent?
For invalid requests, please feel free to contact us.