How long is the period from application to certification for trademark registration
A trademark registration, starting from the submission of application, must go through major links such as formal review, issuance of acceptance notice, substantive review, preliminary review announcement, registration announcement, and receipt of registration certificate. If all steps go smoothly, it will take more than two years from application to receiving the certificate. For some categories, such as Category 3, Category 25, Category 35, etc., it will take about three years.
If there are problems with the formal examination, the Trademark Office will return it for modification, which will delay two to three months; if it is found that there are similar or identical prior rights during the substantive examination stage , the Trademark Office will reject or partially reject the application. If rejected, all previous efforts will be wasted. If partially rejected, the cycle will be extended by three to six months. If it is rejected, you have two options: one is to give up the review, that is, all your previous efforts will be wasted; the other is to apply for review, and the review cycle is roughly equivalent to the cycle of applying for another trademark.
If someone objects to your trademark after the preliminary announcement, it will take three to five years to decide whether you can register the trademark. Conclusion.
So a trademark registration can take as short as two years and as long as five or eight years. There are also some trademarks that took more than ten years to obtain the registration certificate.
Applying for trademark registration process:
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1. Only individuals or groups meeting the following conditions can apply for trademarks in China: Applicants for trademark registration must be: Enterprises established in accordance with the law. Units, social groups, individual industrial and commercial individuals, individual partnerships or foreigners or foreign enterprises from countries that have signed an agreement with China or jointly participated in international treaties with China or handled according to the principle of reciprocity. If they meet the above conditions. When it is necessary to obtain the exclusive right to trademark, voluntarily In accordance with the principles, submit a trademark registration application to the Trademark Office.
2. Apply according to the classification of goods and services: At present, my country's trademark law implements the International Classification of Goods, which divides more than 10,000 kinds of goods and services into 45 categories. Among them, there are 34 categories of goods and 11 categories of services. When applying for trademark registration, the goods or services category for which the trademark is used should be determined according to the classification of the goods and services classification table. If the same applicant uses the same trademark on different categories of goods, he should file registration applications in different categories according to the commodity classification. This can avoid The unfair expansion of the scope of application of trademark rights is also conducive to the reviewer's approval and the protection of trademark exclusive rights.
3. Determination of the trademark application date: Establish the application Date is very important. Since China's trademark registration adopts the first-to-file principle, once the application date occurs, it becomes the legal basis for determining trademark rights. The application date for trademark registration shall be based on the date when the Trademark Office receives the application document (the smallest unit of date). ('日')
Based on the above introduction, it takes a long time to apply for a trademark, some may take two or three years. I believe that after reading the above introduction, everyone has a certain understanding of the legal knowledge of trademark registration from application to certification. If you still have legal questions in this regard, please consult the lawyers of the Legal Savior Network, and they will provide you with professional answers. .
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