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E-mail:Yifeng-shen@hotmail.com
Name:Jack Shen
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Opposition

Post by admin, 2009-3-30, Views:

1. General Information

Any person may file an opposition against the trademark which has been preliminarily approved and published within three months from the date of publication.

After receiving a copy of the "Application for Trademark Opposition" as well as the relevant documents dispatched by the Chinese Trademark Office, the opposer should make observations within the specified time limit. Where no response is made before the expiration of the time limit,
the examination conducted by the Trademark Office will go on unhindered.

If not satisfied with the Decision on Opposition of Trademark issued by the Chinese Trademark Office, the opposer or opposee may, within fifteen days from the receipt of the Decision, file a request for Review with the Trademark Review and Adjudication Board. The decision made by the Trademark Review and Adjudication Board is final.

The opposition reasons may be as follows:
i. The preliminarily approved trademark is a forestalled famous foreign trademark.
ii. The preliminarily approved trademark is identical with or similar to prior registered or filed trademarks.
iii. The preliminarily approved trademark is not in conformity with the provisions stipulated by the Chinese Trademark Law.

2. Requirements on Entrusting an Application for Opposing a Trademark


1) Instruction letter:

i. Stating the name and address of the opposer, preferably with Chinese versions.
ii Publication and preliminary approval number.

2) Power of Attorney: executed by the opposer.

3) Reasons and evidential materials.

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