Procedure of Filing Trademark Opposition
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Trademark opposition, how to file a trademark opposition? What is the procedure for trademark Opposition?
With respect to the trademark opposition procedure, it means if any party believes the fact that the trademark which has been applied for registration by any other party but the registration has not been approved violates the absolute prohibitive provisions under the Trademark Law or infringes on the other’s legal right acquired earlier and etc., he or it may file an opposition in writing to the Trademark Office within three months after the trademark has been preliminary approved and published by Trademark Office.
What is needed for filing a trademark opposition application?
1. An original executed Power of Attorney;
2. The applicant’s name and address both in English and Chinese;
3. Copy of the passport or other identification certificate, for individual applicant. /Copy of Certificate of Incorporation for enterprise
4. Detailed information of applicant’s trademark and opposed trademark.
5. The relevant evidence materials to support the applicant’s request such as:
(1) Using information about the trademark in China market(such as the proof materials of first use of the trademark, the scope of using the trademark, the last time of using the trademark);
(2) All kinds of advertising that has been used, e.g. TV, radio, titles of newspapers or magazines, etc.;
(3) Amounts spent on promoting the goods in the past three to five years;
(4) The outputs, sales volumes, sales incomes, profits and taxes and sales regions etc. of the principal goods to which the mark applies
(5) The certificate of registration in other countries;
(6) Other evidences can certify that the mark has a certain reputation in worldwide, especially in China, e.g. the exhibition it has taken part in, the certificate of honor, etc
(7) Design idea or history of the applicant’s trademark;
How long does it take to proceed with the opposition procedure?
So far, it takes around one year and a half to go from opposition filing to a final ruling.
ABOUT THE AUTHOR: Borsam IP & Law Firm
Borsam is a professional I.P. law office, which consists by I.P. attorney, patent attorney and trademark attorney with ten-year experience and cooperates with Taiwan professional patent/trademark attorney. Borsam establish a long cooperation with I.P. firms of more than fifty countries.
Our aim is to assist individuals and organizations to maximize the potential of their intellectual property and to minimize the risks faced from exposure to third party rights. We deal with patents, copyright, trademarks and associated issues in China, Hong Kong, Taiwan, USA, Europe and worldwide.
Copyright Borsam IP Law Firm
More information about Borsam IP Law Firm
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
What is needed for filing a trademark opposition application?
1. An original executed Power of Attorney;
2. The applicant’s name and address both in English and Chinese;
3. Copy of the passport or other identification certificate, for individual applicant. /Copy of Certificate of Incorporation for enterprise
4. Detailed information of applicant’s trademark and opposed trademark.
5. The relevant evidence materials to support the applicant’s request such as:
(1) Using information about the trademark in China market(such as the proof materials of first use of the trademark, the scope of using the trademark, the last time of using the trademark);
(2) All kinds of advertising that has been used, e.g. TV, radio, titles of newspapers or magazines, etc.;
(3) Amounts spent on promoting the goods in the past three to five years;
(4) The outputs, sales volumes, sales incomes, profits and taxes and sales regions etc. of the principal goods to which the mark applies
(5) The certificate of registration in other countries;
(6) Other evidences can certify that the mark has a certain reputation in worldwide, especially in China, e.g. the exhibition it has taken part in, the certificate of honor, etc
(7) Design idea or history of the applicant’s trademark;
How long does it take to proceed with the opposition procedure?
So far, it takes around one year and a half to go from opposition filing to a final ruling.
ABOUT THE AUTHOR: Borsam IP & Law Firm
Borsam is a professional I.P. law office, which consists by I.P. attorney, patent attorney and trademark attorney with ten-year experience and cooperates with Taiwan professional patent/trademark attorney. Borsam establish a long cooperation with I.P. firms of more than fifty countries.
Our aim is to assist individuals and organizations to maximize the potential of their intellectual property and to minimize the risks faced from exposure to third party rights. We deal with patents, copyright, trademarks and associated issues in China, Hong Kong, Taiwan, USA, Europe and worldwide.
Copyright Borsam IP Law Firm
More information about Borsam IP Law Firm
View all articles published by Borsam IP Law Firm
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
