Trademark opposition is a very important measure for trademark protection in the process of trademark examination. It is like a "trademark defense war", which not only affects whether the company can successfully register its own brand, but also involves the protection of consumer rights. Today, let's talk about trademark opposition.

1. What is trademark opposition?

According to Article 33 of China Trademark Law, where any prior right owner or interested person believes that provisions of Paragraphs 2 and 3 of Article 13, Article 15, Paragraph 1 of Article 16, Article 30, Article 31 or Article 32 of the Law have been breached or any person believes that the provisions of Article 10, Article 11 or Article 12 have been violated, it may raise an objection to the Trade Office against a trademark that has been published after a preliminary examination within three months from the date of announcement. When no objections have been raised upon expiration of such period, the application shall be approved for registration with issuance of a certificate of trademark registration and announcement of the trademark.

Simply put, trademark opposition is a third party's opposite opinion on a trademark that has been preliminarily approved. The reason for the opposite opinion may be that the third party believes that the published trademark is identical or similar to its trademark, which may easily cause consumers to be unable to distinguish the provider of the product; or the third party believes that the trademark will cause consumers to misunderstand the source and origin of the goods, or believes that the trademark logo will have a negative impact on society, and thus requests that the registration of the trademark not be approved.

Trademark opposition can not only protect the rights and interests of the trademark owner, but also help avoid the loss of consumer interests.

2. Who can raise a trademark opposition?

Trademark opposition is not something that anyone can raise.  As stipulated in Article 33 of the Trademark Law mentioned above, there are mainly two types of subjects who raise oppositions based on relative grounds:

1. Prior rights holders: such as companies or individuals who have registered identical or similar trademarks.

2. Interested parties: such as trademark licensees, artists' management companies, companies or individuals who believe that the disputed trademark may damage their interests.

When a trademark registration application has a negative impact on politics, economy, or society, or when the opposed party is hoarding trademarks in large quantities without the intention to use them, or when the trademark may cause consumers to mislead the quality or origin of the goods, anyone can file an opposition against the trademark that has been preliminarily approved and published.

3. What are the reasons for trademark opposition?

Common reasons for opposition include:

1. Trademark identity/similar: The trademark is identical or similar to the prior registered trademark in terms of sound, shape, meaning, etc.

2. Infringement of others' prior rights: The trademarks preliminarily approved have infringed others' prior rights such as copyright, trade name rights, patent design rights, etc.

3. Malicious preemptive registration: The trademarks preliminarily approved are obtained by preemptively registering trademarks that have been used by others first and have a certain degree of reputation.

4. Copy and imitation of a well-known trademark: For goods that are neither identical nor similar, if a trademark application involves the copy, imitation, or translation of another party's well-known trademark that is already registered in China; or for identical or similar goods, if a trademark application involves the copy, imitation, or translation of another party's well-known trademark that is not registered in China.

4. Trademark opposition procedures

The trademark opposition procedure is not complicated, but it requires a certain amount of patience and time. It can be roughly divided into the following steps:

1. The opponent submits an opposition application: The opponent needs to submit a trademark opposition during the trademark publication period.

2. Acceptance by the CNIPA: The CNIPA will conduct a formal examination of the opposition, and if it meets the requirements, it will issue an acceptance notice.

3. The opposed party files the response: The opposed party can submit a response within the prescribed time, and in the reply, they can discuss the reasons why their trademark should be approved for registration.

4. The CNIPA makes an examination decision: The CNIPA will review the materials submitted by both parties and finally make a decision on whether to grant registration.

Trademark opposition is a right granted to the opponent by law, which not only protects the brand of the enterprise, but also maintains the order of the market. It is a normal legal means. When encountering trademark oppositions, there is no need to be afraid. The applicant can respond in time according to their own trademark situation. The CNIPA will make a fair and just decision.