[Direct answer]In the Beijing area, after receiving an objection, you should submit the required materials within the specified time limit for defense, otherwise you may be deemed to have waived the right to defend yourself. According to Article 33 of the Trademark Law of the People's Republic of China, an objection may be raised against a trademark that has been preliminarily approved for publication within three months from the date of publication; after receiving the notice of defense against the objection, the respondent shall submit the defense materials within the specified time limit (usually within 30 days from the receipt of the notice). The defense materials should focus on providing evidence to prove that the cited trademark is not similar, that the respondent has prior use of the trademark, and that the trademark is distinctive and has a genuine use intention. It is recommended that you immediately sort out the information of the cited trademark and the evidence of actual use after receiving the notice, and if necessary, hire a lawyer to draft the defense brief. For more details, please refer to the Trademark Law of the People's Republic of China and the relevant provisions of the Trademark Office of the State Intellectual Property Office.Intellectual property protection and corporate legal services.

I. Problem Background and Typical Scenarios

After the trademark passes the initial review and announcement, it's not a case of sitting back and relaxing. It may be opposed at any time during the announcement period. Typical scenarios include: competitors raising objections based on pre-existing identical or similar trademarks; pre-existing right holders claiming conflicts with trade names, copyrights, or industrial designs; agents or interested parties raising objections on the grounds of preemptive registration; and malicious opponents demanding transfer fees. Many applicants panic or ignore the notice of objection after receiving it, missing the response period and resulting in the trademark being refused registration. Responding to objections is a crucial battle to protect the trademark. Related disputes can be addressed in conjunction withBusiness and contract dispute services for enterprises.

II. Key points of contention

There are three main points of contention in the dispute over the objection defense. Firstly, the judgment on similarity to commodities: whether the trademark subject to the objection and the cited trademarks constitute similarity in the same or similar commodity and service categories is the core of the objection's validity. Secondly, prior rights and preemptive registration: whether the objector enjoys prior trademarks, copyrights, or well-known commodity rights, and whether the applicant constitutes malicious preemptive registration. Thirdly, distinctiveness and use intention: whether the mark itself is distinctive, and whether the applicant has genuine use plans and evidence. For cross-border rights, reference can be made to the relevant provisions.Financial capital and cross-border services involving foreign countries.

III. Professional analysis by Hengluo Lawyers

Based on the trademark-related cases handled by our firm, the success or failure of the defense depends on whether the evidence is organized accurately. In a trademark infringement and unfair competition dispute represented by Attorney Liu Yuanyuan, the plaintiff, Company A, held the well-known trademark [EFGH] approved for use on sanitary napkins in Category 5. The defendant, Company B, obtained authorization from a third party to use the trademark [EFGK] and the design patent in September 2023, and produced and sold sanitary napkins under the same name, which were sold through the e-commerce platform of Company C. In April 2024, Company A filed a lawsuit, alleging imitation of the well-known trademark and confusion over packaging and decoration, and demanded compensation of 980,000 yuan. Attorney Liu Yuanyuan raised defenses such as the legitimacy of the authorization, the lack of similarity with the well-known trademark, and the lack of basis for high compensation. The court partially accepted these defenses, finding trademark infringement but rejecting the claim of unfair competition, and awarded Company B compensation of 60,000 yuan (50,000 yuan for economic losses and 10,000 yuan for reasonable expenses), which was 920,000 yuan lower than the original claim. This case was handled by Beijing Henglu Law Firm.Liu YuanyuanThe lawyer (practice license number: 11101202011201094, subject to the document issued by the judicial administrative organ) acts as the agent. The result suggests that distinguishing between similarities and providing evidence of legal sources are key defense strategies in trademark disputes. Such cases can be followed up accordingly.Business and contract dispute services for enterprises.

IV. Practical suggestions and legal basis

The legal basis is Article 33 (three-month objection period) and Article 35 (respondent's timely response and Trademark Office's ruling) of the Trademark Law of the People's Republic of China (amended on April 23, 2019 and implemented on November 1, 2019); as well as the rules for determining prior rights and malicious trademark squatting. Practical advice: Upon receiving the objection notice, first check the cited trademarks and legal basis; collect evidence of use such as trademark design drafts, usage contracts, advertising invoices, and sales records; prepare a distinction statement for similarities; and submit a written response with an evidence list within the objection period to avoid being deemed as giving up if the deadline is missed.

5. Hengluo Law Firm's Advice

Do not ignore the response to objections. The first step is to check the reasons for the objections and the cited trademarks to identify potential risks; the second step is to systematically organize evidence of use and creation, with earlier, continuous, and publicly available evidence being more persuasive; the third step is to submit a targeted response within the response period, avoiding vague refutations. In the event of complex prior rights conflicts or malicious objections, it is recommended to hire a lawyer to participate in negotiations or responses. For more responses to trademark disputes, please refer to the relevant materials.The official website of Beijing Henglu Law Firm.

VI. Frequently Asked Questions

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

The existence of an objection does not necessarily mean failure. The Trademark Office will make a decision based on the objection reasons and the evidence provided in the response. If you can prove that the trademark is not similar to the cited trademark, has been genuinely used before, or the logo is distinctive, it is still possible to have the registration approved. The outcome depends on the evidence and the application of the law, rather than the objection itself. It is recommended to actively respond to the objection rather than giving up, and to argue against objections that are obviously unfounded. Never believe in unrealistic promises.

Q2: What evidence do I need to prepare for the objection and defense?

The core evidence includes: the draft of the trademark design and the creative description, the earliest evidence of use (contracts, invoices, packaging, advertisements), sales and promotion records, comparison materials of cited trademark information, and, if claiming prior rights, the business name or copyright registration certificate. The evidence should be organized around three points: non-similarity, prior use, and distinctiveness, and a clear evidence catalog should be prepared to facilitate the reviewer's quick acceptance of the evidence.

Q3: How much does it cost in attorney's fees and official fees to file a response to an objection?

During the objection defense phase, the authorities usually do not charge additional fees, and the main cost is the attorney's fee. The attorney's fee depends on the complexity of the objection, the workload of evidence organization, and whether negotiation is required. It is subject to the contract of entrustment, and there is no unified standard. If the case is subsequently transferred to the review of refusal to register or litigation, the fees will be calculated separately. It is recommended to first assess the risk of the objection being successful, and prioritize investing defense resources in high-risk cases.

Q4: How long does it take from the time of the objection and defense to the announcement of the results?

For cases involving objections, a ruling is generally made within twelve months from the date of acceptance, and the period may be longer for complex cases or those requiring corrections. If the ruling is to deny registration, you can still apply for a review of the decision to deny registration within the prescribed time limit. The review period usually lasts several months to more than a year. Overall, it usually takes one to two years from the defense period to the final conclusion. It is recommended to provide sufficient evidence during the defense period to shorten the subsequent dispute chain.

Q5: What should I do first when I receive a notice of objection?

Here are the four steps suggested: 1. Record the date of delivery of the notice of objection and confirm the deadline for responding; 2. Study the grounds for objection and the cited trademarks to identify similarities or potential conflicts of rights; 3. Systematically collect evidence of use, creation, and sales, and prepare an evidence catalog; 4. Submit a written response within the response period. If necessary, hire a lawyer to draft the response and communicate with the objector simultaneously. Throughout the process, retain proof of delivery and submission to prevent procedural delays.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify 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 Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open 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 you encounter disputes, please consult a practicing lawyer in time.