How long does a trademark review usually take
According to the provisions of my country’s Trademark Law, the trademark review department received the applicant’s registration After application, the trademark should be reviewed within nine months.
"Trademark Law of the People's Republic of China"
Article 28 For trademarks applied for registration, the Trademark Office The review shall be completed within nine months from the date of receipt of the trademark registration application documents. If the application documents comply with the relevant provisions of this Law, a preliminary review and announcement shall be made.
How to correctly exercise rights in the trademark registration process
1. Trademark rejection review procedure
After examination by the Trademark Office, the trademark applied for registration shall be deemed to comply with the relevant provisions of the Trademark Law, and shall be preliminarily reviewed and announced; if the trademark is deemed to be inconsistent with the relevant provisions of the Trademark Law, it shall be rejected. If the party is dissatisfied, it may submit a review to the Trademark Review and Adjudication Board.
The Trademark Office's review of trademark registration applications is an administrative act, and the accuracy of its conduct depends to a large extent on the examiner's sense of responsibility and professional level. Since trademark review is highly subjective, the grasp of review standards is It is difficult to unify. Therefore, the applicant should not give up easily after receiving the rejection notice from the Trademark Office, but should carefully study the reasons for the rejection. If you think the reasons are not valid, you should apply for review in time.
2. Objection procedure
For trademarks that have been preliminary approved, the Trademark Office will publish them in the "Trademark Announcement". This announcement is called the "Preliminary Approval Announcement" ” is also a notice to trademark applicants. The preliminary examination and announcement of a trademark does not mean the approval of registration, which means that the trademark applicant has not obtained the exclusive right to the trademark, and only if no one raises an objection within the announcement period or although there is an objection, The trademark will be approved for registration only after it is ruled that the objection is not established.
3. Cancellation of registered trademark
Trademark Registration means that the trademark has been approved and registered by the Trademark Office of the State Administration for Industry and Commerce in accordance with legal procedures, that is, it is registered in the "Trademark Registration Book" set up by the Trademark Office and a "Trademark Registration Certificate" is issued to the trademark registrant; after the trademark has been initially approved and announced, , if no one raises an objection during the objection period, or if the objection is ruled not established, the trademark will be approved for registration. Once the trademark is approved for registration, the registrant will enjoy the trademarkWithout the consent of the registrant, no one may use the trademark or a trademark similar to the trademark on the same or similar goods (services).
The above knowledge is the editor’s opinion on “general trademark review” To answer the question "How long does it take?", according to the provisions of my country's Trademark Law, the trademark review department should review the trademark within nine months after receiving the applicant's registration application. If readers need to find a lawyer to solve legal problems, they are welcome to go to the Legal Savior Network for legal consultation.
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