Legal analysis: A trademark registration, starting from the submission of application, must go through major links such as formal review, issuance of acceptance notice, substantive review, preliminary review announcement, registration announcement, and receipt of registration certificate. If all steps go smoothly, it will take more than two years from application to receiving the certificate. For some categories, such as Category 3, Category 25, Category 35, etc., it will take about three years.
If there are problems with the formal examination, the Trademark Office will return the application for modification, which will delay it for two to three months; if it is found that there are similar or identical prior rights during the substantive examination stage, the Trademark Office will reject or partially reject the application. , if rejected, all previous efforts will be wasted, and if partially rejected, the cycle will be extended by three to six months. If it is rejected, you have two options: one is to give up the review, that is, all your previous efforts will be wasted; the other is to apply for review, and the review cycle is roughly equivalent to the cycle of applying for another trademark.
If someone objects to your trademark after the preliminary review is announced, it will take three to five years to decide whether you can register the trademark.
So a trademark registration can take as short as two years and as long as five or eight years. There are also some trademarks that have taken more than ten years to obtain a registration certificate.
Legal basis: "Trademark Law of the People's Republic of China"
Article 28 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.
Article 33: For a trademark that has been initially approved and announced, within three months from the date of announcement, the prior right owner or interested parties believe that it violates paragraph 2 and paragraph 2 of Article 13 of this Law. Paragraph 3, Article 15, Paragraph 1 of Article 16, Article 30, Article 31, and Article 32, or any person believes that it violates Articles 4, 10, and Article 11, Article 12, and Article 19, paragraph 4, may file an objection with the Trademark Office. If there is no objection at the expiration of the announcement period, the registration will be approved, a trademark registration certificate will be issued, and the announcement will be made.
Article 34 The Trademark Office shall notify the trademark registration applicant in writing for a trademark that rejects the application and refuses to be announced. 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.
Article 35: If an objection is raised against a trademark that has been initially approved and announced, the Trademark Office shall listen to the facts and reasons stated by the opponent and the person being opposed, and after investigation and verification, the Trademark Office shall, within 10 days from the expiration of the announcement period, A decision will be made within two months on whether to approve registration, and the opponent and the objected party will be notified in writing. If there are special circumstances that require an extension, it can be extended for six months with the approval of the industrial and commercial administration department of the State Council.