[Direct answer]In the Beijing area, the initial review announcement period for trademarks is three months. During this period, anyone may file an objection to the Trademark Office in accordance with Article 33 of the Trademark Law of the People's Republic of China (amended in 2019), stating the reasons and providing evidence. The respondent shall submit a reply within the prescribed time limit after receiving the notice of reply to the objection. Failure to reply within the time limit will not affect the review, but may put the respondent at a disadvantage. Common reasons for objections include: similarity to a prior trademark of others, preemptive registration of a well-known trademark, infringement of prior rights, and preemptive registration by improper means. If the objection is not founded, the registration will be approved; if it is founded, the registration will not be granted. The respondent should actively defend against the objection, provide additional evidence of use, and, if necessary, hire a professional lawyer. For more details, please refer to the relevant provisions.Intellectual property and corporate legal services.

I. Problem Background and Typical Scenarios

After passing the formal review and substantive review, the trademark enters the initial review announcement stage. Just when the applicant thinks everything is going well, they suddenly receive a notice of reply to an objection, which is a common setback. Typical scenarios include: being opposed by a competitor for trademark similarity; being accused of preemptively registering a product name that has certain influence on others; being accused of infringing copyright or industrial design; and the objector missing the reply deadline due to a change of address. In these situations, whether the registration can be successfully completed depends on the quality of the reply and the organization of evidence. For more details, please refer to the relevant rules.Intellectual property and corporate legal services.

II. Key points of contention

The controversy focuses on four points. First, whether the grounds for objection are valid: common cited reasons include trademark similarity, preemptive registration of well-known trademarks, infringement of prior rights, and obtaining registration by deceptive or improper means. Second, the time limit for defense: the respondent must submit a defense and evidence within the prescribed period. Failure to do so may be deemed as a waiver. Third, the weight of evidence in use: trademarks that have been used for a long time and have gained distinctiveness can counter some objections. Fourth, procedural connection: if the objection is not established, the registration will be approved; if it is established, the registration will not be granted, and the applicant can subsequently apply for review or seek other solutions. There are a large number of trademark agency and objection cases in the Beijing area, and the professionalism of the defense directly affects the outcome.

III. Professional analysis by Hengluo Law Firm

The trademark dispute between "EFGH" and "EFGK" represented by Attorney Liu Yuanyuan, although in the infringement stage, reveals the equally crucial logic of "similarity and confusion" in the opposition procedure. The plaintiff, Company A, claimed that its "EFGH" trademark, a well-known trademark in Category 5 for sanitary napkins, was imitated by the defendant "EFGK", causing confusion. Attorney Liu Yuanyuan argued that the overall readability of the logo was significantly different, there was a legitimate authorization source, and the relevant public would not easily confuse the two. The rights holder failed to prove that the packaging and decoration had a "certain impact". The court ultimately found trademark infringement but rejected unfair competition, reducing the compensation from 980,000 yuan to 60,000 yuan. This case reminds us that whether it is an opposition, invalidation, or infringement procedure, the determination of similarity is centered on the possibility of confusion. Both the party being opposed or the party seeking protection should organize their arguments and evidence around "overall differences, authorization sources, and not easily causing confusion". This case was handled by Beijing Henglu Law Firm.Liu YuanyuanThe lawyer (practice certificate number: 11101202011201094, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis includes Article 33 of the Trademark Law of the People's Republic of China (amended in 2019) (three-month objection period and grounds for objection), Article 35 (handling of objections and defense), Article 13 (well-known trademarks), Articles 30 and 31 (rejection of similarities and priority of applications), and Article 32 (protection of prior rights and prohibition of malicious squatting). Action list: 1. Monitor closely during the announcement period and receive defense notices in a timely manner; 2. Respond to each objection ground individually and submit evidence of trademark use, popularity, and distinctiveness; 3. Check the status of the cited trademarks and, if necessary, initiate invalidation or revocation proceedings; 4. If the respondent fails to respond within the deadline, they will lose the initiative, so it is essential to comply with the time limit; 5. For complex objections, hire professional lawyers for assistance. For more details, please refer to the following link: [Link].Intellectual Property and Corporate Legal Services.

5. Hengluo Law Firm's Advice

When receiving a notice of objection, it is most important not to ignore it. The objection procedure is relatively low-cost, but the time limit for responding to the objection is strict. Submitting the response after the deadline or failing to submit it may result in the rejection of the trademark that could have been registered. The response should address the objection reasons accurately, especially by providing evidence of the trademark's actual use and distinctiveness. At the same time, the stability of the cited trademark can be checked simultaneously. It should also be noted that the objection being unfounded does not mean that there is no need for further action. The trademark may still face a declaration of invalidation in the future. When handling similar cases in the Beijing area, it is recommended toBeijing Henglu Law FirmThe defense was organized with the assistance of professional lawyers.

VI. Frequently Asked Questions

Q1: If my trademark is opposed, can it still be successfully registered?

It's possible. An objection is just an opposition raised by a third party. The Trademark Office will make a decision based on the arguments and evidence from both parties. If the objection is not valid, the trademark will be approved for registration. Whether it's successful depends on whether the grounds for the objection are valid, whether the respondent's defense is sufficient, and whether the evidence of use and differences is solid. Many objections are rejected because the grounds are insufficient or the respondent actively defends against them. The result will be determined by the Trademark Office's decision, and at any stage, there's no way to guarantee success unilaterally. Therefore, it's important to respond actively rather than passively.

Q2: What defense materials do I need to prepare in case of a dispute?

Organize the arguments against the objection as follows: Firstly, provide evidence of trademark use, such as sales contracts, invoices, advertisements, and packaging, to prove the established distinctiveness; Secondly, conduct a comparison of trademark differences to demonstrate that the trademark is not confusingly similar to the cited trademark overall; Thirdly, provide evidence of the legality of the application, such as the independent creative process and the registration chain; Fourthly, verify the stability of the cited trademark, such as whether it has not been used for three consecutive years. The materials must respond to the objection arguments item by item and be submitted within the prescribed time limit to avoid losing the right to appeal due to late submission.

Q3: How much does the trademark opposition procedure cost, and how long does it take?

When filing an objection or response to the Trademark Office, the official fees are charged per case, and the standard is subject to the latest announcement of the Trademark Office. If a lawyer or agent is appointed, the lawyer's or agent's fees shall be determined through consultation between the parties, and there is no unified government pricing. Regarding the review period, objection cases are usually decided within twelve months from the expiration of the announcement period, and the period may be extended under special circumstances. Compared with litigation, the cost of the objection procedure is lower, but the quality of the response directly determines the outcome, so it is not advisable to take it lightly just because the cost is low.

Q4: Can I still raise objections after the objection period has expired?

No. Objections must be raised within the initial review announcement period (three months). If no objections are raised within the time limit, the Trademark Office will approve the registration in accordance with the law, and others will lose the opportunity to raise objections at that time. After registration, if there are new reasons, only through subsequent procedures such as invalidation declaration can remedies be sought, with higher thresholds and costs. Therefore, it is crucial to monitor the announcements and make timely decisions. If you believe that your rights are affected, you should raise objections decisively and provide evidence within three months.

Q5: If you raise an objection or are subject to an objection, what should you do next?

Objectionor: Strengthen the right to cite evidence and refute confounding evidence, and monitor the progress of the review. Respondent: Submit a defense within the time limit after receiving the notice, provide evidence of use and differences, and, if necessary, verify the stability of the cited trademark and request invalidation or revocation. Both parties may hire professional lawyers to develop strategies. If a party is dissatisfied with the decision, they may apply for a review of the refusal to register or seek subsequent remedies in accordance with the law. Maintain communication and evidence records throughout the process, and consult professional lawyers as soon as possible in the event of complex conflicts. For more details, please refer toIntellectual property and corporate legal services.

This article is written based on the common judicial interpretation in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Intellectual property protection legal services·Attorney Liu Yuanyuan·Beijing Hengluo Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in time.