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How long does it take to make a trademark?

Trademark registration generally takes about one or two years. Under normal circumstances, a trademark registration application needs to go through preliminary review and announcement, as well as various aspects of the issuance of certificates. The total *** adds up. It will take at least more than a year, so I would like to remind everyone that there is no need to rush.

1. How long does it usually take for trademark registration to be completed?

It takes 1.5 years under normal procedures for a trademark to go from submission of application for registration, to preliminary review announcement, to issuance of registration certificate. About time. The details will depend on the official review progress of the Trademark Office. This cycle has been shortened significantly. The longest trial in history lasted 3.5-4 years. The processing progress of different categories is also different. Generally, the processing of some categories with a small number of applications is relatively faster. Categories with a large number of applications, such as the 25 clothing category, should be processed the slowest among all categories because of the large number of applications. This is the time required for the normal trademark process to come down.

If the trademark undergoes substantive examination, the Trademark Office rejects the document, and the applicant files for reexamination. In this case it will take longer. Or if someone raises an objection to the trademark during the announcement period, the trademark will enter the opposition procedure, and the final objection ruling will take another 2-3 years. Trademarks that are in the review process or opposition process will not affect the use.

2. What is the application procedure for registered trademark?

(1) Application agent

Domestic applicants for trademark registration can directly go to the Trademark Office to register themselves You can also entrust a trademark agency to handle the application procedures. When foreigners or foreign enterprises apply for registered trademarks and handle other trademark matters in my country, they should entrust a legally established trademark agency organization to act as their agent.

When a party entrusts a trademark agency organization to apply for trademark registration or handle other trademark matters, the party shall submit a power of attorney. The power of attorney shall state the content and authority of the agency; the power of attorney for foreigners or foreign enterprises shall also state the nationality of the principal.

(2) Registration Application

When applying for trademark registration for the first time, the applicant shall submit an application form, trademark drawings, supporting documents and pay the application fee. The applicant for drug trademark registration shall be accompanied by a copy of the drug production enterprise license or drug trading enterprise license issued by the health administrative department. If applying for trademark registration of tobacco products, the applicant shall be accompanied by certification documents of production approval by the national tobacco authority.

If the scope of use of a registered trademark needs to be expanded during use, regardless of whether the goods to be expanded are in the same category as the goods for which the original registered trademark is used, a separate registration application must be submitted; the registered trademark needs to change its logo If the registered trademark needs to change the name, address or other registration matters of the registrant, a change application should be submitted.

Under the first-to-file principle, the determination of the filing date is of great significance. The application date is generally based on the date when the Trademark Office receives the application documents. If the applicant enjoys priority, the priority date shall be the filing date. The Trademark Law stipulates two situations in which priority can be enjoyed:

First, within 6 months from the date when the trademark registration applicant first files an application for trademark registration in a foreign country, the trademark registration applicant applies for trademark registration in China again within 6 months. If a trademark registration application is filed for the same goods with the same trademark, the foreign country may enjoy priority in accordance with the agreement signed between the foreign country and China or the international treaty to which China is a party, or in accordance with the principle of mutual recognition of priority;

Second, if a trademark is used for the first time on a product exhibited at an international exhibition sponsored or recognized by the Chinese government, the applicant for registration of the trademark can enjoy priority within 6 months from the date the product is exhibited.

(3) Review and Approval

The Trademark Office will review the trademark registration applications accepted in accordance with the law, and the registration applications that comply with the regulations or that use the trademark on some designated goods comply with the regulations. If the registration application does not comply with the regulations or the registration application for use of the trademark on some designated goods does not comply with the regulations, the registration application for use of the trademark on some designated goods shall be rejected or the application for use of the trademark on some designated goods shall be rejected, and the applicant shall be notified in writing and Give reasons.

If a trademark registration applicant is dissatisfied with the rejection of the application, he may apply to the Trademark Review and Adjudication Board for review in accordance with the law. If he is dissatisfied with the review decision, he may file an administrative lawsuit within 30 days from the date of receipt of the notice.

Anyone can file an objection to a preliminary approved trademark within 3 months from the date of announcement. The Trademark Office will rule on the objection filed in accordance with the law. If the party concerned is dissatisfied with the ruling, it can initiate a review in accordance with the law. If the party is dissatisfied with the review ruling, it can initiate a lawsuit in accordance with the law.

In contemporary society, people may be more anxious about time now because they are busy with work and study. However, we need to remind everyone that if you apply for trademark registration, you should not be too anxious about the time. This is mainly because there are many processes that need to be gone through. Generally speaking, it takes more than a year to complete the registration.

I hope the above content will be helpful to you. If you have any other questions, please consult a professional lawyer.

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, upon receipt of the trademark registration application documents, If the review is completed within nine months from the date of the review and meets the relevant provisions of this Law, a preliminary review and announcement will be made.