It is different from a patent. Trademarks are based on the date they are received by the Trademark Office. If they are received on the same day, the first time they are used will be considered.
Preliminary review and acceptance
The date the Trademark Office receives it After the applicant submits the application form and materials, a preliminary review (formal review) will be conducted in accordance with legal provisions to review whether the applicant's application is valid and qualified to accept the application, and then decide whether to accept the application.
Substantive examination
Substantial examination is an examination conducted by the trademark authority to determine whether the trademark applied for registration meets the registration conditions. The content of the review includes the following aspects:
1. Whether the trademark is distinctive.
2. Whether the trademarks are identical and similar.
3. Whether the trademark violates the prohibition clause.
4. Whether there are other prior applicants for the trademark. If two or more applicants apply for registration of the same or similar trademark on the same or similar goods on the same day, and their application materials all comply with relevant regulations, the Trademark Office will notify each applicant or Its agency will issue a certificate of use notice. The applicant should provide proof of trademark use within 30 days, and the one with the earliest use shall be deemed as the first to apply.
Preliminary Approval and Announcement
After the Trademark Office substantive review, the trademark application that complies with the relevant provisions of the Trademark Law will be given preliminary approval and registration, and a preliminary approval number will be assigned to the trademark that was initially approved and registered. Establish a review and search card, fill in the preliminary review draft and publish it in the "Trademark Announcement". This announcement is called the preliminary approval announcement. Applicants whose trademarks have been preliminarily approved can receive a free copy of the "Trademark Announcement" as a notice to the applicant. The basic contents of trademark announcement include the following aspects:
1. Preliminary examination and approval of trademark announcement. Publish the preliminary approval number, application date, trademark, used goods, category, applicant, and applicant's address.
2. Registered trademark announcement. Print the registration number, trademark, category, registrant, and trademark exclusive period.
3. Registration renewal announcement. Print the registration number, trademark, category, registrant, and trademark exclusive period.
4. Announcement of changes to registered trademarks. Print the registration number, trademark, original registrant, and changed name.
5. Transfer, cancellation, trademark license contract and other matters.
The objection period is 3 months from the issuance of the announcement. If you have different opinions on the content of the announcement, you can file an objection with the Trademark Office. Registration of a preliminary approved trademark will only be approved if no one raises an objection within the time limit or if the objection is ruled untenable.
Rejection and Rejection Review
If the trademark applied for registration fails to pass the substantive examination of the Trademark Office, the Trademark Office will reject the applicant's registration application and issue a rejection notice to the trademark applicant or agency. Book. The trademark rejection notice states the reasons for rejection and is returned to the applicant or agency together with the relevant attachments to the trademark registration application.
After the trademark application is rejected, if the applicant is dissatisfied with the reasons for rejection, he or she can submit the "Rejection of Trademark Application for Trademark Review" to the Trademark Review and Adjudication Board within 15 days after receiving the rejection notice, together with the trademark registration application rejected by the Trademark Office. The original copy of the trademark application, the Trademark Office's rejection notice, 10 copies of the original trademark drawings, and 1 copy of the black and white ink draft are required to apply for reexamination.
If the applicant for a rejected trademark review cannot complete the application procedures within 15 days, he or she may apply for a 30-day extension. The applicant should fill out the "Extension Application" and submit it to the Trademark Review and Adjudication Board within the 15-day period. The Trademark Review and Adjudication Board considers that the reasons are valid and allows the extension. Objection and Objection Review Trademark Opposition.
1. Trademark opposition refers to the legal act of challenging a trademark that has been initially reviewed and announced by the Trademark Office within the statutory opposition period. The reasons for raising objections generally include the following two points:
①. It is believed that the initially approved trademark is the same as or similar to the trademark that was previously registered or applied for.
②. It is believed that the initially approved trademark violates the prohibited provisions or other relevant provisions of the Trademark Law.
2． Review of trademark objections.
Approval of registration and certification is the last legal procedure for trademark registration.
1. No one raised any objection within 3 months after the trademark application was initially reviewed and announced by the Trademark Office and the registration was approved.
2. After the preliminary review and announcement, someone raised an objection. The Trademark Office ruled that the objection could not be established, and the opponent approved the registration because he had not applied for reinstatement.
3. After the Trademark Office has ruled on the objection, but the opponent or the opposed party is dissatisfied with the ruling and applies for review, the Trademark Review and Adjudication Board will make a final decision and be approved for registration.