[Q&A] What materials should an applicant prepare in advance when filing a trademark objection?

2024. 4. 24

As a corporate law firm, we are used to answering many questions from our clients about their business in China. In this series of Q&A articles, we will discuss some of the topics that our clients have shown interest in.

Question: What documents should an applicant prepare in advance when applying for a trademark objection?

Answer: In summary, for trademarks that have been preliminarily approved and announced, the prior right holder, interested parties, or anyone can raise an objection to the Trademark Office within three months from the date of announcement. But what evidence needs to be prepared for a trademark objection? We suggest that if a company wants to raise a trademark objection, they can prepare the following related materials and submit an objection application to the Trademark Office:

1.Development history and scale of the trademark right holder

Certificates proving evolution, development history, and scale of the trademark right holder shall be provided.

2.Evidence of the first use and continued use of the registered trademark in China

Evidence indicating the year the trademark started to be used, the registration certificate indicating the year the registration was recognized, explanations of design and significance, and evidence of continued use.

3.Registration status of the applied trademark outside China (registration time, trademark registration certificate, and other relevant documents)

4.Main business activity data on the goods and services using the applied trademark and its ranking in the same industry nationwide

Balance sheets, income statements, statistics of product output and sales volume using the trademark, ranking of main business data in the same industry, adoption of quality standards, media reports, and publications.

5.Sales status and related sales documents (contracts, delivery lists, invoices, import and export related documents) of the goods using the applied trademark in China (especially important) and abroad

6.Advertising and promotion status of the applied trademark and related documents

Please contact us if you have any further questions on this matter.