Opposition Response
Why my trademark is opposed by others?
The reason of being opposed is various, here are some usually reason:
- Coincident application in China.
- Malicious action of business rival.
- Your trademark application causes national sentiment.
- The interests parties think your registration may cause the infringement.
What can I do if my trademark is opposed by others?
- Make the analysis for reason, the argument and the factual basis in the opposition document.
- Decide whether to response the opposition.
Would I lose my trademark rights due to opposition?
When fails to take necessary action to defending your trademark rights, you would surely lose your trademark rights.
1. The situation of losing the trademark rights:
* The opposer provides opposition reasons;
You do not make the response;
The CTMO accepts opposer’s opposition reasons after examination.
**The opposer provides opposition reasons;
You make the response with argument reasons;
The CTMO thinks that your reasons are not strong enough to defense, and accepts the opposer’s opposition reasons after examination.
2. Other legal remedy after the opposition response is failed:
*Apply for opposition review.
When your opposition response is fail unfortunately, you can apply for opposition review to TRAB. The TRAB will review your case for examining whether the CTMO made the correct judgment, and makes the adjudication.
What is opposition?
What can I do if my trademark is opposed by others?
Is the opposition response necessary?
If the opposition response is made, is that means I will get my trademark right for sure?
What can I do if the my opposition response is fail?
What is opposition?
When CTMO receives your application for registration that submitted through the Madrid system, your trademark will be published for opposition after a strict examination. The opposition period will last 3 months, and any interests parties who think your trademark is potential threat to their legitimate rights and interests, can propose the opposition for canceling your trademark registration.
What can I do if my trademark is opposed by others?
Sometimes its inevitable that your trademark is proposed for opposition by other parties, because the China Trademark Law(Article 33) gives them the rights to oppose if they consider your registration may cause infringement. When it happened, you should find a trademark agency and make the response to the opposition.
Is the opposition response necessary?
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.
If the opposition response is made, is that means I will get my trademark right for sure?
It is necessary to response to the opposition, but it does not leads to a definite success. Actually, the result that judged by CTMO is depending on whether you can provide adequate reasons, argument or relative materials for defending your trademark rights.
What can I do if the my opposition response is fail?
There is a legal remedy called “opposition review”. When your opposition response is fail unfortunately, you can apply for opposition review to TRAB. The TRAB will review your case for examining whether the CTMO made the correct judgment, and makes the adjudication.