Opposition against a trademark in China
Fee according to time spent (Hourly rates in our terms)
Opposition Period | 3 months from the date of publication of the trademark application |
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Reimbursement of costs | no |
Power of Attorney must be notarized | No |
Duration Opposition Proceeding | 12 months |
Explanation of our Consulting Services and the Trademark Opposition Procedure in China
Our law firm provides comprehensive support in the trademark opposition process in China. If you believe that a registered trademark infringes your rights, you have the option to file an opposition.
Details of the Opposition Procedure:
Filing the Opposition: The opposition must be submitted within three months of the trademark's publication. It is crucial to submit all required documents completely and on time to avoid jeopardizing the success of the opposition.
Grounds for Opposition: Common grounds include:
- Likelihood of Confusion: If the younger trademark could be confused with your existing trademark, especially when dealing with similar products or services.
- Prior Use: If you have already used your trademark before the registration of the new trademark, you can assert your prior rights.
- Lack of Registrability: If the registered trademark does not meet the necessary criteria for trademark protection, such as lacking distinctiveness, being descriptive, or being generic.
Duration of the Procedure: The opposition procedure may take several months, depending on the complexity of the case and the response time of the trademark office. It is important to be patient and regularly check the status of the procedure.
Our Services:
- Assessment of Success Chances: We conduct a detailed analysis of the likelihood of success for your opposition. This includes reviewing relevant documents and evaluating the legal grounds.
- Document Preparation: We prepare all necessary documents, including the opposition letter and supporting evidence. We also clearly articulate your arguments to strengthen your position.
- Representation in the Procedure: We handle all communication with the trademark office and represent your interests throughout the entire process. Our goal is to ensure a smooth procedure and keep you updated on all developments.
Free Initial Consultation
We are happy to offer you a first, non-binding assessment of your situation. Your inquiry will, of course, be treated confidentially. This initial consultation includes an analysis of your situation and first strategic recommendations.
If you need further information or assistance regarding opposition procedures in other countries, please do not hesitate to contact us. We are here to help.