1. The Concept of Trademark Oppositions
Trademark Oppositions are legal procedures, which are clearly prescribed by the Trademark Law and its implementing regulations and solicit opinions on preliminary approval of trademark, aiming to supervise the Trademark Office confirming trademark right in a fair, just and open manner, so as to improve the quality of examination for trademark registration.
The scope of Trademark Opposition includes not only the preliminarily approved trademark which has the same or similar form with the trademark which was first filed, but also the preliminarily approved trademark violates the prohibitory provisions or non-obviousness of Trademark Law, applicant isn't qualified and some other situations are included too.
Any person may file an opposition against the trademark since the law doesn't make any limitations on their qualifications.
2. Formalities of Trademark Oppositions
During the trademark oppositions (within three months from the date of the publication after the preliminary approval), fill out the Application Form for Trademark Opposition, giving name of trademark opposed, the class of the goods, preliminary approval number, publication number for preliminary approval, reasons for interposing oppositions. If the opponent considers that the trademark opposed has the same or similar form with the trademark that he owns and put to use on the same or similar products, then he should fill out the class of the goods, name of trademark, registration number of his registered trademark, and so on.
3 Manipulation Procedures of Opposition
3.1. After the Trademark Office received application for objection and related proofs, the Office should send the copy of Statement of Protest to person challenged, trade mark registrant, person challenged should give a written reply in fifteen days after receipt the Statement of Protest. Person challenged will be considered to abstain if he doesn't make any reply, opposition procedures will not be affected.
3.2. According to the facts and grounds that both the opponent and applicant present, the Trademark Office shall, after investigation and verification, make a decision.
4. The Results of Dissent Ruling
The Trademark Office should send dissent ruling to opponent and person challenged after making a decision. The ruling has two results：
4.1. Dissent results are untenable, then preliminary approval trademark shall be registered;
4.2. Dissent results are adequate and the opposition is justified, no registration shall be approved.
Where any party is dissatisfied, he may, within fifteen days from receipt of the notification, apply for a review to the Trademark Review and Adjudication Board, then the stage of the trademark application and registration is shifted into the stage of opposition against the trademark.
