Procedure of Filing Trademark Opposition

2016-08-26
BORSAM IP
BORSAM IP  ————————————————
 
Procedure of Filing Trademark Opposition
 
Trademark opposition describes the situation when a party believes that the trademark, which the applicant is registering but has not yet been approved, violates the absolute prohibitive provisions under the Trademark Law or infringes on their legal rights acquired earlier. He/she or it may file an opposition in writing to the Trademark Office within 3 months of the trademark being preliminarily approved and published by the Trademark Office.

What is needed for filing a trademark opposition application?
 
1. An original, executed Power of Attorney;
 
2. The applicants name and address in both English and Chinese;
 
3. A copy of the applicants passport or other identification certificate/Copy of Incorporation for an enterprise;
 
4. Detailed information of the applicant’s trademark and opposed trademark;
 
5. The relevant evidence materials to support the applicants request including:
 
1). Use of the trademark being used in Chinese markets (eg proof of the materials of first use, the scope of using the trademark, the last time the trademark was used);
 
2). Any advertising via any medium (eg TV, newspapers, magazines ect);
 
3). Amounts spent on promoting the goods in the past 3-5 years and evidence of this amount;
 
4). The outputs, sales volumes, sales incomes, profits and taxes and sales regions ect of the principal;
 
5). Amounts spent on promoting the goods in the past three to five years;
 
6). The outputs, sales volumes, sales incomes, profits and taxes and sales regions etc. of the principal goods to which the mark applies;
 
7). Certification of registration in other countries;
 
8). Other evidence that can certify that the mark has a certain reputation worldwide, particularly in China;
 
9). Design idea or history of the applicants trademark.
 
How long does it take to proceed with the opposition procedure?
 
Currently it takes around one year and a half to go from opposition filing to a final ruling.