[Direct answer]In the Beijing area, the reply to the objection shall be submitted within 30 days after receiving the notice of objection: refute the objection reasons item by item (respond to the legal basis such as prior rights, similarity judgment, and well-known trademark protection one by one), submit evidence of use (materials on the time, scope, and popularity of trademark use), and clearly request permission to register. Failure to reply will not affect the review, but it means giving up the right to defend oneself - the objector most hopes that you will keep silent. Silence is likely to result in the refusal of registration.

1. Problem background and typical scenarios

As soon as the initial review announcement of the trademark was posted, the competitor raised objections: "similarity to a prior trademark" and "maliciously registering its unregistered brand". The 30-day response period to the objections determines the fate of the trademark and the pace of the company's brand layout. Many companies simply give up when receiving the objection letter, unaware that the non-registration rate for cases without a response is significantly higher than that for cases with a response.

II. Key points of contention

First, the legal characterization of the grounds for objection and the structure of the rebuttal. Second, the judgment on the similarity of trademarks and goods. Third, the organization and evidentiary weight of the evidence used. Fourth, countermeasures against malicious objections.

III. Professional analysis by Henglue Law Firm

This case is handled by Beijing Henglu Law FirmLiu YuanyuanThe attorney (practice license number: 11101202011201094, subject to the document issued by the judicial administrative authority) acts as the agent. **First Level**: Time limit and form of defense: Submit a defense response to the China Intellectual Property Administration within 30 days from the date of service of the objection notice. Failure to do so within the time limit shall be deemed as a waiver. The defense response shall address the objection grounds point by point, following a "general-specific" structure: First, summarize the legitimacy of the registration; then, disassemble each objection citation according to the legal provisions, with corresponding evidence numbering for each rebuttal. **Second Level**: Key points of rebuttal against similarity: The determination of trademark similarity shall be based on the general attention of relevant consumers, comparing sound, form, meaning, and overall visual effects, combined with the degree of association with specified products. - Detail the differences between the opposing party's trademark and our trademark in terms of character form, pronunciation, meaning, or overall effect, accompanied by trademark comparison diagrams; - Assess product similarity based on functional use, sales channels, and consumer overlap, with special attention to cross-category protection claims (for well-known trademarks across categories), requiring a direct response to the authenticity and timeline of their popularity evidence. **Third Level**: Evidence system: The earlier the evidence, the more favorable it is - use historical promotional materials, sales contracts and invoices, e-commerce platform sales records, media reports, award certificates, and brand investment data from audit reports; ensure evidence forms a continuous timeline; single pieces of evidence (e.g., a three-year-old poster) have limited probative value; evidence also serves as the core weapon to refute accusations of "malicious squatting" and "lack of use intent". **Fourth Level**: Countermeasures against malicious objections: Where the opposing party knows they lack prior rights or bulk-files objections against competing brands, the defense response may highlight their malicious intent. In severe cases, pursue accountability through unfair competition or reputation rights channels; assess settlement possibilities - lengthy objection processes make commercial negotiations to withdraw objections more cost-effective than litigation, but settlement agreements must clearly outline withdrawal obligations and breach penalties. **Fifth Level**: Post-defense path: Apply for review within 15 days of a failed defense; defense documents and evidence remain valid during the review stage, with one-time preparation benefiting both stages; retain the administrative litigation channel for further appeals - map out the procedural path in advance, ensuring fallback and counterattacking options at every step.

IV. Practical suggestions and legal basis

The first step is to submit a defense within 30 days and never remain silent. The second step is to refute each point one by one and provide evidence with numbering. The third step is to organize the evidence by chronological order. The fourth step is to simultaneously initiate a review of the preliminary plan. The main legal basis: Articles 33, 35, 30, and 32 of the Trademark Law of the People's Republic of China, and the relevant standards of the Trademark Review and Handling Guidelines; the specific application shall be subject to the currently effective regulations.

5. Henglu Law Firm's Advice

Three key points for responding to objections: The 30-day response period is a critical deadline; silence equals waiver of rights; refute similarities point by point and use evidence to form a chain; counterattack malicious objections; prepare response documents according to review standards, benefiting from a one-time investment in two stages. For matters involving trademark objections and rights confirmation procedures, please contact us for assistance.Intellectual property protection and corporate lawWe can provide a comprehensive solution for services, which includes cooperation on brand licensing.Business and contract disputes in enterprisesFor reference, you can check the section regarding the follow-up execution of the objectionCreditor's rights and debts, and enforcementFor inquiries about special matters related to rights confirmation, please consult the columnSpecial servicesTeam.

VI. Frequently Asked Questions

Q1: What will happen if I don't defend my thesis?

This does not affect the progress of the objection procedure, but it waives the right to defend oneself. Under certain circumstances where the grounds for objection have some basis, the probability of the registration being denied will significantly increase, and defending oneself is the least costly form of defense.

Q2: Can the deadline for the defense be extended?

The statutory 30-day defense period is generally not extended. There are limited circumstances in which a defendant may apply for correction if there are justifiable reasons. The defendant should immediately start preparing for the defense after receiving the notice.

Q3: What types of evidence are needed for use?

The most convincing evidence chain is one that demonstrates continuity in time and completeness in elements (showing the trademark and date), and includes sales contracts, invoices, records from e-commerce platforms, promotional materials, media reports, awards and honor certificates, as well as brand investments reflected in financial data.

Q4: Is it a done deal once the defense is successful?

If the defense is successful, the trademark will be registered. However, the opponent may apply for a declaration of invalidation within five years after registration (the situation of malicious infringement of a well-known trademark is not subject to this restriction), and the evidence of the brand's use must be kept continuously.

Q5: Can we reach a settlement with the opposing party?

Yes. The settlement agreement stipulates the obligation to withdraw the objection, the time limit, and the liability for breach of contract. After the withdrawal, the registration process will resume normally, and settling the dispute through mediation is a common approach to improving efficiency.

The above answer is based on the judicial practice in Beijing. The judicial interpretation in other provinces and cities may vary. For specific cases, please refer to the local rules and evidence situation.

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·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.