Supplementary materials for trademark opposition review may be submitted within 3 months from the date of submission of the review materials, such as supplementary evidence, business license power of attorney, etc.
Rules for the Implementation of the Trademark Law
Article 22 Where an objection is filed against a trademark that has been published after preliminary examination and approval by the Trademark Office, the opponent shall submit a trademark objection in duplicate to the Trademark Office. The trademark opposition shall indicate the period of publication of the trademark Notice and the preliminary approval number of the trademark against which the trademark is opposed. The trademark opposition shall have a clear request and factual basis, and the relevant evidentiary materials shall be attached.
The Trademark Office shall promptly send a copy of the trademark opposition to the person against whom the opposition is opposed, and limit the person to reply within 30 days from the date of receipt of the copy of the trademark opposition. If the opposing party does not answer, it shall not affect the ruling of the Trademark Office.
If a party needs to supplement relevant evidentiary materials after filing an application for opposition or defense, it shall declare it in the application or defense and submit it on its own
Petition for objectionOr submit it within 3 months from the date of the statement of defense; If the documents are not submitted at the expiration of the time limit, the parties shall be deemed to have given up supplementing the relevant evidentiary materials.
Evidence materials include:
one The date of establishment of the applicant company and a copy of the business license;
2. References to the reason for the creation of the mark, by whom it was created, and the date of its creation, preferably with objective evidence of the date;
3. Reference to the earliest date and place of use of the mark;
4. Evidence of the use of the trademark, such as import and export documents for the shipment of goods for sale, newspapers and magazines promoting the trademark, etc., must have objective evidence with dates;
5. Reference to the trademark application/registration information and evidence from around the world, preferably the certificate of registration;
6. Reference to evidence of use of the mark in various locations;
Seven. References to promotional materials around the world, such as newspapers, magazines, etc.;
8. Any evidence that the reference mark has been widely advertised and used by the applicant, such as certificates of well-known trademarks in China, and awards from nearby places, etc.
