Trademark Opposition

1. Brief description: trademark opposition is a legal procedure to seek advice from the public on preliminarily approved trademarks, aiming at supervising the Trademark Office exercises its right impartially and publicly, and the relevant parties can have chances to claim their rights. Anyone who is unsatisfied with the preliminary examination for approval of the trademarks, can raise opposition within 3 months. 2. How to raise oppositions There are two ways to raise oppositions: A. Authoring any trademark agency that filing in the Trademark Office B. Opponent raises oppositions by himself. And there are also two ways for opponent to raise oppositions. A. Going to the registration hall. B. Mailing relevant documents. 3. Procedures of dealing with opposition A. Authorizing trademark agency: a. Signing proxy statement attached with the supporting documents of the opponent’s subject qualification certificate(license, ID etc.) b. Preparing for opposition documents: filing application form of opposition, writing reasons and facts of opposition attached with supporting evidence. c.the agency submit application documents. B. Going to the registration hall: a. Preparing for application form of opposition: application form of opposition, the reasons and facts of oppositions and relevant supporting evidence. b. The subject qualification certificate c. Submitting the form at the registration hall d. Getting the bar code e. Making payment of the fees C. Mailing the documents a.Preparing for application form of opposition: application form of opposition(can be downloaded from website), the reasons and facts of oppositions and relevant supporting evidence. b. The subject qualification certificate c. Mailing to the Trademark Office d. Making payment by telegraphic transfer 3.Preparing of the application form A. Documents should be submitted a. Application form of trademark opposition b. Explicit request and facts attached with supporting evidences. And the reasons and facts statement should be with the signature or official seal of opponent. c. Copy of the preliminary examination approved trademarks(can be downloaded from website) d. Copy of subject qualification certificate with the signature of official seal of the opponent. e. Original and copy of the responsible person’s ID (the original one will be returned) f. Those who authorizing trademark agency to deal with oppositions, should also provide proxy statement with the limits of authority, exact transactions and date of authority. The agent can’t be on behalf of both of the parties. B. Requirement details a. A application form of opposition can be only raised for one trademark approved by preliminary examination, and each of the application form should be prepared with a duplicate copy. b. The application and other affairs should be in Chinese. Application form should be typewritten or printed, and other documents should be printed or written with pen or sign pen neatly and clearly, and the supporting evidence should be marked with contents and pages. c. Trademark under opposition, number of preliminary examination, classification, and the name, address of the person challenged should be written clearly. And if the trademark under opposition is registered by trademark agency, the name of trademark agency should also be written. d. Name and contact of opponent should be written clearly, and stamped the same seal with the applicant(if the opponent is natural person, he needs to signature or affix his seal). e. Subject of qualification certificate: copy of business license with corporate seal, ID etc. 5. Acceptance of oppositions After receiving oppositions, and the formal examination, if the opposition is consistent with the requirements, Notice of Acceptance will be issued, and mailed directly to opponent or the trademark agency.