1. Generally, how long does it take for trademark registration to be accepted
Generally, as long as it is submitted It will be accepted, but the processing time will be longer.
Trademark inquiry (within 2 days) → Application document preparation (within 3 days) → Submit application (within 2 days) → Pay trademark registration fee → Trademark form review (1 month) → issue a trademark acceptance notice → trademark substantive examination (12 months) → trademark announcement (3 months) → issue a trademark certificate.
2. Trademark registration process
1. Trademark registration process 1. Formal reviewAfter formal review, the application procedures are complete and the application is filled out in accordance with regulations. If the application is submitted in writing, the Trademark Office will issue an acceptance notice.
If the application procedures are incomplete or the application documents are not filled in as required, a notice of rejection will be issued and returned, and the application date will not be retained.
If the application procedures are basically complete or the application documents basically meet the regulations, but supplements and corrections are needed, the Trademark Office will issue a notice of supplements and corrections to the trademark registration application. If the applicant makes corrections within the time limit and returns it to the Trademark Office, the application date will be retained; if the applicant fails to make corrections or makes corrections beyond the time limit, the Trademark Office will issue a notice of rejection and return it, and the application date will not be retained.
2. Trademark registration process 2. Substantive review
Enter the trademark application after passing the formal review Substantive review. After substantive examination, any trademark application that complies with the relevant provisions of the Trademark Law will be initially reviewed and approved by the Trademark Office and announced.
Legal basis: Article 28 of the "Trademark Law of the People's Republic of China". For a trademark applied for registration, the Trademark Office shall complete the review within nine months from the date of receipt of the trademark registration application documents, and shall comply with this law. If relevant provisions are provided, a preliminary approval announcement shall be made.
Article 29. During the examination process, if the Trademark Office believes that the contents of the trademark registration application need to be explained or revised, it may The applicant is required to make explanations or corrections. If the applicant fails to make explanations or corrections, it will not affect the Trademark Office’s examination decision.
Article 30 Application If a registered trademark does not comply with the relevant provisions of this Law or is identical or similar to a trademark that has been registered or preliminarily approved by others on the same or similar goods, the Trademark Office will reject the application and will not publish it.
Article 31 If two or more trademark registration applicants apply for registration of the same or similar trademarks on the same goods or similar goods, the preliminary examination and approval And announce the previously applied trademark; if the application is made on the same day, the previously used trademark will be initially reviewed and announced, and other people’s applications will be rejected and will not be announced.Article 32: Application for trademark registration shall not damage the existing prior rights of others, nor shall it be used to preemptively register a trademark that has been used by others and has certain influence by unfair means
If the application is rejected, a rejection notice will be issued to the applicant.
If the Trademark Office believes that the content of the trademark registration application can be revised, it will issue an examination opinion to the applicant. If a reply is given within the time limit, the Trademark Office will continue the examination.
For trademarks that have been preliminarily approved after examination, the China Trademark Office will announce them in the "Trademark Announcement".
Within three months from the date of announcement, anyone can file an objection to a trademark initially approved by the China Trademark Office.
If there is no objection or it is ruled that the objection is not established, the China Trademark Office will approve the registration, issue a trademark registration certificate, and announce it in the "Trademark Announcement"; if the objection is ruled to be established, the registration will not be approved .
If the applicant is dissatisfied with the Trademark Office’s rejection of the trademark registration application during the trademark registration process, he or she may request a review from the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board will make a decision to approve the registration. Or make a final decision not to register, and notify the applicant in writing.If the party concerned is dissatisfied with the Trademark Office's objection ruling, he or she may request a review from the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board will make a final decision and notify the parties in writing.
It will be about one month after the application. According to the relevant processing procedures and time, my country has relatively strict requirements in the trademark processing process. This is to protect the interests of enterprises and avoid the trouble and disputes caused by the birth of similar trademarks to both parties.
When handling this trademark, you need to follow relevant procedures, and you also need to prepare relevant materials. At this time, you need to understand in advance. Clear. Because this trademark application is also relatively important, it is best to understand it in advance. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
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