1. Summary
The owner of dispute trademark should respond with arguments to the trademark dispute application within 30 days from receipt of notification of response, to protect its own legal rights.
2. Procedure
1) Sign and seal the POA, and attach its documents certifying the qualifications of the subjects (Copy of Business Registration Certificate with official seal or Copy of ID Card)
2) Prepare the response documents, including writing response form, response grounds and facts reference and evidence.
3) File the response on behalf of client.
3. Notes
1) Respond in Time
According to China Trademark Law, the time limit to respond is 30 days from receipt of the notification of response; overtime response is treated as no response. To supplement related evidence couldn’t be anytime either, it must be in time, namely, 3 months from filing response.
2) Focus on evidence.
Although respondent has a Trademark Registration Certificate, so has a superiority, but if the dispute applicant find new key evidence and grounds, it could cancel the registered trademark fully or partially. On this occasion, the respondent shall prepare fully aiming at new evidence and grounds, analyze and identify flaws, organize the new evidence and grounds for respond, and maintain its superiority, or it might has a different result.