Current location - Trademark Inquiry Complete Network - Trademark inquiry - How long does a trademark review take?
How long does a trademark review take?

If there is a time limit for trademark review, it is generally fifteen days.

According to relevant legal provisions, if the party concerned has objections to the written notice of rejection of the application or non-announcement, it may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice.

The time for trademark review needs to be determined according to the specific circumstances. Generally, it needs to go through the following procedures:

1. Trademark review application: the trademark registrant refuses to register the trademark in the preliminary examination or decides on the trademark objection. If it is not supported, you can apply for trademark review to the Trademark Review and Adjudication Board within 15 days;

2. Trademark review acceptance: After the Trademark Review and Adjudication Board accepts the trademark review application, it will review the trademark, including whether it complies with the Trademark Law. regulations, etc. The acceptance time is usually about 2-4 months;

3. Trademark review decision: After the Trademark Review and Adjudication Board reviews the trademark, it will make a trademark review decision, including whether to register or cancel the trademark registration. The decision time is usually around 6-12 months.

The trademark review process is as follows:

1. Application for review: If the trademark applicant is not satisfied with the decision of not to register the trademark in the preliminary examination, he or she may apply within three days from the date of receipt of the notice of denial of registration. Apply for review within months. To apply for reexamination, you need to submit a trademark reexamination application and relevant evidence materials;

2. Reexamination acceptance: After the Trademark Office accepts the trademark reexamination application, it will conduct an acceptance review. After the reexamination is accepted, the Trademark Office will transfer the case to the Trademark Reexamination Board for review;

3. Reexamination review: The Trademark Reexamination Board will review the trademark reexamination application, including formal review and substantive review. The formal review is mainly to review the trademark review application materials, and the substantive review is mainly to review the registrability of the trademark;

4. Review ruling: The Trademark Review Board makes a ruling based on the review results, which can be to maintain the original The first instance ruling may change the original first instance ruling. The trademark review ruling is final and has legal effect.

To sum up, during the trademark review process, it is necessary to provide sufficient and authentic trademark application materials and evidence materials, comply with trademark laws and regulations, and avoid trademark rejection. The trademark review process generally takes a long time, and the specific time depends on the complexity of the case and the workload of the review. During the trademark review process, the trademark applicant needs to actively cooperate with the review work of the Trademark Office and the Trademark Review Committee and provide necessary assistance and supporting materials.

Legal basis:

Article 34 of the Trademark Law of the People's Republic of China

For trademarks that reject applications and refuse to be announced, The Trademark Office shall notify the trademark registration applicant in writing. If the trademark registration applicant is dissatisfied, he may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receipt of the application and notify the applicant in writing. If there are special circumstances that require an extension, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council. If the party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice.