Overview of the Trademark Opposition System

Sep 07,2021

File of opposition

• Who can file of opposition

Oppositions can be filed by:

1. proprietors of earlier rights or an interest party, if the trademark violates the second and third paragraph of Article 13, Article 15, the first paragraph of Article 16, Article 30, Article 31, or Article 32 of the Trademark Law;  or

2. any person, if the trademark application violates Articles 10, 11 and 12 of the Trademark Law.

• Grounds of opposition include:

Absolute grounds：

1. Articles 10 signs that may not be used as trademarks

2. Articles 11 signs that may not be registered as trademarks

3. Articles 12 three dimensional trademark that may not registered if it is only a shape resulting from the nature of the goods or necessary for achieving a technical effect, or a shape to add a substantive value to the goods.

Relative grounds:

1. Paragraphs 2 and 3 of Article 13: protection of well-known trademarks

2. Article 15: protection against preemptive registration by way of agent or representative relationship, or any other contractual or business relationship.

3. Article 16: protection of geographic indications

4. Article 30: protection of prior trademark rights

5. Article 31: trademark applications filed on the same day

6. Article 32: prohibition on the infringement of prior rights of any kind, and prohibition on the preemptive registration of a trademark already used by others and have achieved a certain infulence.

• Calculation of time limit to file an opposition

1）Application directly with the China Trademark Office

Three months, from the next day of the publication of a preliminary approved trademark.

For Example,

Publication date: February 6, 2020

Opposition period: February 7, 2020——May 6, 2020

2）Madrid trademark

Three months,the time limit begins on the first day of the month immediately following the month in which the international trademark has been published in the WIPO Gazette.

Note: No publication of the International Registration in China

For Example,

Publication date: February 6, 2020

Opposition period: March 1, 2020——May 31, 2020

• Period :

Generally, it take a period within 12 months for the opposition. 

Under special circumstances, the time limit may be extended by six months with the approval of the administrative department for industry and commerce under the State Council.

• Chinese representative:

Foreigners and foreign corporations must appoint a local representative to file an opposition.

• Our services & Fee

  
  

A. What's our services included:

• Report:

Analyze and advise on the opposition cases and provide a simple report for FREE if you are interesting in proceeding.

• Prepare and file of opposition:

1. Study on the articles of laws and regulations in the cases ;

2. Research the prior judgments of relevant laws and regulations;

3. Provide suggestions based on prior judgments similar to the this cases;

4. Search and sort out other detailed relevant information of the case, such as:

     ① the information of the opponent and the respondent

     ② more detailed information of the trademark

     etc.

    5. Our company's professional agent personally wrote the arguments for this case

    6. Inquiry with local trademark offices, as necessary

    7. Appoint our-selves as attorneys of record process this matter

B. We provide a simple report for FREE

Our professional fees for preparing and file an opposition is USD .And the official fee is about $80 (RMB 500) for each class.

• Requirements

1. The original copy of the notice and the envelope

2. POA

3. The opponent's identity papers

4. Proof on the opponent's eligibility as a prior right holder or an interested party（where the opposition is filed on the relative grounds）

Respond to an opposition

• Date of receiving

You should confirm the date of receiving the Notice first.

• Time limit for a holder to respond to an opposition

30 days, the time limit begins on the date the holder receives the notice.

• Period:

Generally, it take a period within 12 months for the opposition. 

Under special circumstances, the time limit may be extended by six months with the approval of the administrative department for industry and commerce under the State Council.

• Chinese representative:

Foreigners and foreign corporations must appoint a local representative to respond to an opposition.

• Requirements 或 Documents we require

In order to respond to an opposition, we require a scanned copy of  POA signed by you and holder's detail.

• Our services & Fee

A、What's our services included:

• Report:

Analyze and advise on the opposition cases and provide a simple report for FREE if you are interesting in proceeding.

• Prepare and  respond to an opposition:

1. A full analysis of existing trademarks, including similarities in appearance, sound, connotation and commercial impression .Compare your mark with the cited mark and analysis the differences for overcoming the opposition.

2. Study on the articles of laws and regulations in the cases ;

3. Research the prior judgments of relevant laws and regulations;

4. Provide suggestions based on prior judgments similar to the this cases;

5. Search and sort out other detailed relevant information of the case, such as:

     ① the information of the opponent and the respondent

     ② more detailed information of the trademark

     etc.

   6. Our company's professional agent personally wrote the arguments for this case

   7. Inquiry with local trademark offices, as necessary

   8. Appoint our-selves as attorneys of record against this matter.

B、We provide a simple report for FREE

Our professional fees for preparing and respond to an opposition is USD .

The response is not subject to the payment of official fees.