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Trademark objection

Basic Introduction

According to “Trademark Act” and Trademark Application Act”, all trademark registration application should have around 3 months public announcement period allowing public give their opinion for the trademark registration in order to ensure the fairness of the registration. Anyone have opinion against the registration can send their objection to the Trademark Office with supplement documents with the public announcement period.

Required documents

1.	Trademark Objection application together with supplement documents (support document for the objection)
2.	Objection applicant Identity document copy
3.	2 set Trademark registration agency appointment letter
4.	Objection content together support documents

Objection judgment

Basic introduction

The Trademark Office will forward the objection documents and its supplement to the Trademark applicant, the applicant can then go to the office for judgment within 30 days they receive the notice.

Required Documents

1.	Trademark Registration Agency Appointment letter
2.	Original copy of the objection notice
3.	Applicant Identity documents copy
4.	Defense request content together support documents

Application Notes

1.	Objection application date is based on the date when Trademark Office receives those documents. If the objection deadline is holiday, the deadline will change to next working after the holiday.
2.	Objection or defense reasons and supplement documents and should attach First Approval issued by Trademark Office
3.	Applicant should attend the judgment within 30 days after the Trademark Office send them the objection notice. If they do not appear for the judgment, the Trademark Office will decide the reason for the objection without applicant defense.

Deregistration of Trademark

Any registered trademark will be reviewed, if the trademark no longer allowed to use as a trademark the Trademark Office will cancel its registration. Anyone who believe a registered trademark is no longer suitable to use as a registered trademark, they can ask the Trademark Office to review and the office will make the judgment

Similar trademark while one applicant registration is proved to copy the other

Trademark register in different but proved copy the other original right and will lead to confuse to public and harming the original owners’ benefit

Any registration agency or representative register the trademark under their own right without authorized by the original

Trademark includes landmark that may lead to confuse to public

Conflict with registered trademark before their application

Similar to registered trademark before their application

Similar registered trademark in the same class already exist before their application

Bad registration that register for false aims

Judgment procedure

The procedure can divided into fire stage

1. Trademark judgment

Dismiss of judgment application

(1)

Basic introduction

The Trademark Office will send for trademark registration rejection to the applicant in written form if it was reject before public announcement. If the applicant does not accept the rejection, the can apply for review of the rejection within 15 days they receive the rejection letter. The office will then carry out another review. If it is still rejected, they applicant can take civil action within 30 days they receive the second rejection letter.

(2)

Required Documents

	Review Application for Registration Rejection, Registration Agency Appointment Letter
	Original Rejection Documents
	Support document for applying review 2 sets
	Applicant Identity document copy

2. Objection judgment Review

(1)

Basic introduction

Objection judgment review means either objection applicant or registration applicant refuse to take the objection judgment result and would like to ask for another judgment. They should apply for the review within 15 days they receive the first judgment result documents. The office will then review the judgment and send the written result to both registration and objection applicant. If either side still refuses to accept the result, they can take civil action within 30 days they receive the review result documents.

(2)

Required documents

	Objection judgment Review Application, Registration Agency Appointment Letter
	Judgment result documents and support documents for applying review
	Applicant Identity document copy 2 set

3. Trademark Deregistration Review

(1)

Basic introduction

When the trademark owner refuses to accept the cancellation of their trademark by Trademark Office, they can apply for the review.

(2)

Required Documents

	Trademark Deregistration Review Application, Registration Agency Appointment Letter
	Reason and support documents for applying the review 2 set
	Applicant Identity document copy

4. Trademark Conflict

(1)

Basic introduction

Anyone who believe a trademark is hurting their existing benefit can ask the Trademark Office review the registration

(2)

Required Documents

	Trademark Conflict judgment Application, Registration Agency Appointment Letter
	Certificate of Trademark Registration copy
	Reason and support documents for applying the review 3 set
	Applicant Identity document copy

5. Review Judgment

(1)

Basic introduction

Trademark Office may require trademark owner to prove their right to use the trademark

(2)

Required Documents

	Registration Agency Appointment Letter
	Support and related documents 2 sets
	Applicant Identity document copy 2 set

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