[Q&A] How to File a Trademark Opposition?
2024. 8. 9
Question: How to file a trademark opposition?
Answer: The applicant for opposition must meet the qualifications stipulated in Article 33 of the Trademark Law. For trademarks that have been preliminarily approved and announced, within 3 months from the date of the announcement, prior rights holders or interested parties who believe that the trademark violates the provisions of Article 13(2) and (3), Article 15, Article 16(1), Article 30, Article 31, and Article 32 of the Trademark Law, or anyone who believes that the trademark violates the provisions of Article 4, Article 10, Article 11, Article 12, and Article 19(4) of the Trademark Law, may file an opposition.
When filing an opposition based on the provisions of Article 4, Article 10, Article 11, Article 12, and Article 19(4) of the Trademark Law, the applicant should explain whether the opposed trademark violates the aforementioned legal provisions, rather than simply listing the legal clauses. If the opposition is based on Article 4 of the Trademark Law, the applicant should provide evidence that the opposed party has maliciously applied for trademark registration without the intention of use.
The applicant can only file an opposition against a trademark that has been preliminarily approved and published in the Trademark Gazette within the opposition period. The opposition period is 3 months, starting from the day after the preliminary approval announcement. If the last day of the opposition period is a statutory holiday, it can be extended to the first working day after the holiday.
The date of submission of the opposition application to the Trademark Office is determined by the date of submission if submitted directly; by the postmark date if submitted by mail, and if the postmark is unclear or missing, by the actual receipt date by the Trademark Office; by the receipt date of the courier company if submitted through a courier company other than the postal enterprise, and if the receipt date is unclear, by the actual receipt date by the Trademark Office (unless the party can provide evidence of the actual receipt date). When applicants and agencies handle electronic trademark opposition applications, they should fill in the relevant content and upload materials according to the page requirements in conjunction with this explanation. The specific requirements for filling in and uploading materials for the opposition application form are the same as for paper documents, and only one copy is required. Foreigners or foreign enterprises submitting opposition applications should entrust a trademark agency registered with the Trademark Office, except for foreigners or foreign enterprises that have habitual residence or business premises in China.