Generally, trademark registration takes about 12 months. The specific process is as follows:
1. Formal review (about 20 days): The Trademark Office checks whether the documents and procedures for trademark registration are in compliance with the law. It stipulates that if the legal provisions are met, the examination agency will assign an application number, determine the application date, and issue a "Notice of Acceptance of Trademark Registration Application."
2. Substantive examination (about 6-8 months): The Trademark Office determines whether the trademark registration application complies with the provisions of the Trademark Law (trademark prohibition clauses, lack of distinctiveness, existence of similar trademarks, etc.) A series of activities include inspection, data retrieval, analysis and comparison, investigation and research, and decision to give preliminary approval or reject the application.
3. Preliminary Examination Announcement (3 months): The Trademark Preliminary Examination Announcement refers to the decision to allow registration of a trademark registration application that complies with the relevant provisions of the Trademark Law and is published in the Trademark Announcement. 》 will be announced.
4. Receive the registration certificate (approximately 1 month): If no one raises objections to a preliminary approval trademark within three months from the date of publication of the preliminary approval announcement, the trademark will be registered and a registration announcement will be published at the same time. If no one raises an objection within three months or if the objection raised is found to be untenable, the trademark will be registered and take effect, and a registration certificate will be issued.
The validity period of a registered trademark is 10 years. The validity period of a registered trademark shall be calculated from the date the trademark is approved for registration. The so-called date of approval of registration is the date of announcement of approval of registration. It should be noted that if an objection is raised but the objection is determined to be untenable and the registration is approved, the time for the trademark registration applicant to obtain the exclusive right to trademark shall be calculated from the expiration of the three-month period from the preliminary announcement.
The trademark protection period is ten years from the date of trademark registration announcement. However, after the expiration, additional fees need to be paid to renew the trademark for any number of times. Renewal must be processed within the specified renewal period.
Legal basis:
"Trademark Law of the People's Republic of China"
Article 22 Applicants for trademark registration shall classify goods according to the prescribed Fill in the form to report the product category and product name of the trademark, and submit an application for registration. A trademark registration applicant can apply to register the same trademark for multiple categories of goods through one application. Trademark registration applications and other relevant documents can be submitted in writing or in the form of data messages.
Article 23: If a registered trademark needs to obtain the exclusive right to use the trademark on goods beyond the approved scope of use, a separate application for registration shall be submitted.
Article 24 If a registered trademark needs to change its sign, a new registration application must be submitted.
Article 25: A trademark registration applicant files another trademark registration application for the same goods with the same trademark in China within six months from the date when the trademark registration application is first filed in a foreign country. , can enjoy priority in accordance with the agreement signed by the foreign country and China or the international treaty to which both countries are party, or in accordance with the principle of mutual recognition of priority.
If you claim priority in accordance with the preceding paragraph, you must submit a written statement when filing an application for trademark registration, and submit a copy of the first trademark registration application document within three months; if you fail to submit a written statement Or if a copy of the trademark registration application document is not submitted within the time limit, it will be deemed that priority has not been claimed.
Article 26 If a trademark is used for the first time on goods exhibited at an international exhibition sponsored or recognized by the Chinese government, the registration of the trademark shall be within six months from the date of exhibition of the goods. Applicants may enjoy priority.
Those who claim priority in accordance with the preceding paragraph shall submit a written statement when applying for trademark registration, and within three months submit the name of the exhibition where their goods are exhibited and the use of the said trademark on the goods on display. Evidence of the trademark, date of exhibition and other supporting documents; if no written statement is made or supporting documents are not submitted within the time limit, priority will be deemed not to have been claimed.
Article 27: The matters reported and the materials provided for applying for trademark registration shall be true, accurate and complete.