1. How long does it usually take to apply for a trademark?

Trademark applications are usually completed within nine months.

Trademark application registration must go through: trademark inquiry, application submission, application acceptance, substantive examination, registration announcement, registration approval, and certification process. Under abnormal circumstances, it may also occur due to external factors. Processes such as rejected application, rejection review, objection, objection reply, etc.

Before applying, you must first conduct a trademark search. If there is no identical or similar one before, you can prepare application documents. About 3 months after submitting the application, the Trademark Office will issue an application acceptance notice.

The Trademark Office will complete the review within nine months from the date of receipt of the trademark registration application documents, and if it complies with the relevant provisions of this Law, it will make a preliminary review and announcement. The initial review announcement period is 3 months. If no objection is raised within 3 months, a registration announcement will be issued. The validity period of a trademark is calculated from the date of registration announcement.

Article 28 of the "Trademark Law of the People's Republic of China" stipulates that the Trademark Office shall complete the examination of the trademark applied for registration within nine months from the date of receipt of the trademark registration application documents. If it complies with the relevant provisions of this Law, a preliminary review and announcement will be made.

2. How to identify infringement of trademark rights

There are three basic steps in the process of identifying or determining infringement of registered trademark rights:

1. Determination The scope of exclusive rights of a registered trademark. The scope of exclusive rights of a registered trademark is the basic basis for determining trademark infringement.

All factors considered in determining whether a trademark infringement can be identified or constituted are centered around the scope of exclusive rights to a registered trademark.

2. Determine the specific object accused of infringement. The determination of the object of alleged infringement is determined by two factors:

(1) The trademark accused of infringement

(2) The goods used in the trademark accused of infringement

The significance of determining the specific object of alleged infringement is to determine and solidify the carrier of the alleged infringement, laying a solid foundation for the next step of comparison with the scope of protection of trademark rights. It is as important as determining the scope of exclusive rights to a registered trademark and is another comparison object for determining trademark infringement.

3. Compare the alleged infringement object with the registered trademark and the goods approved to be used by the registered trademark, and determine whether the alleged infringing trademark is the same or similar to the registered trademark, and whether the alleged infringing trademark is used Whether the goods are of the same category or similar to the goods for which the registered trademark is used.

Through the three basic steps to determine infringement, especially by comparing the alleged infringement object with the registered trademark and the goods for which the registered trademark is approved, we can determine whether trademark infringement is constituted.

1. How long does it take to apply for trademark registration

1. After entering the Trademark Office, it is divided into two parts: the first part is the formal review, which takes about 20 days. If you pass the review, A "Trademark Acceptance Notice" is issued, and the relevant application information can be found on the China Trademark Network; the second part is to wait for the substantive examination, which takes about 6 months;

2. Enter after passing the substantive examination The initial review announcement period is 3 months;

3. The approval announcement period is 1 month and a trademark certificate is issued.

Note: From submitting the application documents to obtaining the trademark registration certificate, according to the review progress analysis of the National Trademark Office, the entire process takes about one year. Except for the 3-month announcement period for the preliminary examination, which is the statutory time limit, all other times are estimates, because the law does not clearly stipulate the completion time of trademark examination, and the final time is subject to the completion time of the Trademark Office.

2. How to apply for trademark registration?

Article 3 of the "Implementing Rules of the Trademark Law" stipulates that when applying for trademark registration and other related matters, the applicant may entrust an agency recognized by the State Administration for Industry and Commerce to Trademark agencies organize agents, or you can handle it directly.

①Entrust an agency to represent you. From the second half of 1993, my country stopped the trademark transfer system and fully implemented the trademark agency system.

Currently, there are 136 trademark agencies nationwide providing comprehensive and professional trademark legal services to trademark applicants. Practice has proved that entrusting an agent has many advantages:

First, it is convenient and timely. The client can entrust the nearest trademark agency to handle trademark affairs.

The second is to save time and money, and the charges are reasonable. Applicants can save the time and expense of traveling to and from the Trademark Office. Trademark agencies charge strictly according to the regulations of the price department.

The third is to ensure quality and proceed on time. The agent has professional knowledge of trademarks, is familiar with the application procedures, strictly follows the entrusted authority, and conveys the opinions of the Trademark Office to the applicant in a timely manner to ensure the smooth progress of the application work.

Fourth, it is convenient to obtain the certificate and correct errors in a timely manner. The Trademark Office regularly sends the Trademark Registration Certificate to the agency, and the registrant can receive it upon presentation of the notice. If there is any problem with the registration certificate, the agency can contact the Trademark Office for correction.

Fifth, the files are sound and easy to manage and monitor. The trademark agency retains the client's application materials and notifies the registrant of trademark renewal and other matters. If an identical or similar trademark is found in the Trademark Announcement, the applicant will be contacted promptly to provide assistance.

Sixth, it can provide timely overseas trademark registration services. According to international practice, Chinese trademark applicants who want to handle trademark affairs abroad must forward their applications to the authorities through foreign agencies. Domestic trademark agency organizations have close business ties with foreign agencies and can provide timely overseas trademark registration services.

②Apply directly. Direct processing means that the trademark applicant goes directly to the Trademark Office to apply for trademark registration and other matters. In addition to not having the advantages of an agency, direct processing also has some shortcomings.

Firstly, the applicant needs to bring the official seal to the Trademark Office, which is easy to lose and is not conducive to the use of the unit;

Secondly, the applicant is not familiar with the problems that arise during the application process. I don’t know how to deal with trademark laws and regulations:

Third, the Trademark Office contacts the applicant by mail. If the applicant’s address changes or the address is unknown, the documents will not be delivered;

Fourth, the applicant must bring relevant documents to the Trademark Office to obtain the "Trademark Registration Certificate."

Applying to register a trademark is not an easy task, and even if the Trademark Administration approves the registration, it will take almost a year. And if there is a problem in one link, one will affect the granting of trademark rights, and the other will also delay the time for trademark registration. Therefore, to be on the safe side, it is best to entrust a specialized agency to register the trademark on your behalf.

The fastest time for trademark registration is twelve months from submitting the application to getting the certificate. Judging from the current review situation, the acceptance notice will be issued in about 20 days after the application is submitted, and the announcement period will be entered for three months or rejected in about 7 months. If there is no objection after the three-month announcement period, the certificate will be issued in about one month. Trademark registration is divided into: the first step is formal review, which takes about 25 to 30 days. If the applicant passes the review, a "Trademark Acceptance Notice" will be issued. The second step is substantive examination, and the current substantive examination time has been reduced to five months. After passing the substantive examination, the preliminary examination announcement period will be entered, which lasts for three months. The approval and announcement period is one month, and an electronic version of the trademark registration certificate and a paper trademark registration certificate will be issued. From submitting the application documents to getting the paper trademark registration certificate, it will take about 10 months at the fastest. The details are subject to the Trademark Office of the State Intellectual Property Office.