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China Trademark Opposition Response

Updated:2018-9-4 15:03:53    Source:www.tannet-group.comViews:564

China Trademark Opposition Response/ Trademark Opposition Review
Hotline: 86-755-82143422, 2355735242@qq.com

Trademark opposition in China refers to the situation where any party unsatisfied with the preliminarily approved mark, can file an opposition against it with China Trademark Office (CTMO) within 3 months as of the publication. This is a procedure open for public opinions on the published mark stipulated by China’s Trademark Law and the Implementing Rules. The purpose is to guarantee the justice and transparency of approving a mark and improve the quality of trademark registration examination.

Common Grounds of Opposition
The reason of being opposed is various, below are some of the common reasons:
(1) Coincident application in China;
(2) Malicious action of business rival;
(3) Your trademark application causes national sentiment;
(4) The interests parties think your registration may cause the infringement.

Response to Opposition
Within 3 months of publication period when a mark is preliminarily approved, other party could file opposition against it. The applied mark would be called the opposed mark. When this mark is published for registration, such publication will be deemed as invalid. Whether the applicant can obtain registration of the opposed mark will depend on CTMO’s opposition decision.

After accepting the opposition application, CTMO will timely transfer the duplicate copy of the opposition form as well as the grounds and evidence to the opposed party. The opposed party has 30 days to reply to opposition after receiving the materials. If no reply is filed in due time, the right to reply to opposition is deemed as abandoned and the opposition procedure will proceed as normal.

The opposition response is the legal remedy for getting the your trademark rights when your registration is propose for opposition. If you do not response to the opposition within 30days after receives the notice from CTMO, your registration will not pass the publication in China, and your trademark rights will be lost. So, for ensuring your filing can be successfully registered, it is necessary to make the opposition response.

Tannet’s Trademark-related Services
Tannet’s trademark-related services in mainland China, as well as Hong Kong, Macao and Taiwan are listed below:

1. Trademark Search;
2. Trademark Application;
3. Trademark Refusal Analysis and Defense;
4. Trademark Opposition Analysis and Response;
5. Change of Applicant's Information;
6. Trademark Monitoring;
7. Trademark Renewal;
8. Trademark Transfer/Assignment;
9. Apply for Government Subsidy.

In addition to trademark, Tannet also provide a full range of basic services regarding patent and copyright worldwide, as well as high-end value-added solutions like brand promotion, brand marketing, patent and technology transfer, etc.

Contact Us
If you have further enquire, please do not hesitate to contact Tannet at anytime, anywhere by simply visiting Tannet’s website english.tannet-group.com, or calling Hong Kong hotline at 852-27826888 or Shenzhenhotline at 86-755-82143422, or emailing to tannet-solution@hotmail.com. You are also welcome to visit our office situated in 16/F, Taiyangdao Bldg 2020, Dongmen Rd South, Luohu, Shenzhen, China.

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