How long does it take to apply for a trademark? How long does it take to apply for a trademark? Let’s take a look at the following article brought to you by the editor: How long does it take to apply for a trademark?, which may have what you need.

Answer: It usually takes about one to three and a half years from application to issuance of a newly applied trademark, of which application acceptance and formal review takes about one month, and substantive review takes about 24 to 30 months. , the objection period is three months, and it takes about two months from the approval announcement to the issuance of the certificate.

What are the trademark registration procedures?

1. Registration preparation

Choose the registration method

One is to go to the State Administration for Industry and Commerce by yourself Apply for registration with the Trademark Office; the other is to entrust an experienced trademark agency to organize agency services.

2. Prepare materials

Prepare 10 trademark drawings (for color trademarks of specified colors, 10 colored drawings and 1 black and white ink drawing should be submitted), the length and width should not be greater than 10 centimeters, not less than 5 centimeters. If the direction of the trademark pattern is unclear, arrows should be used to mark the upper and lower parts; if an individual applies, he or she must present an ID card and submit a copy plus a copy of the individual business license and the business scope must be consistent with the registered trademark; If the application is from an enterprise, a copy of the enterprise's "Business License" must be presented and submitted; a trademark registration application form with the official seal of the unit shall be submitted.

3. Start applying

4. Submit an application according to the classification of goods and services

Currently, goods and services are divided into 45 categories, among which goods 34 categories, 11 categories of services. When applying for registration, the category of goods or services for which the trademark is used should be determined according to the classification of the goods and services classification table; if the same applicant uses the same trademark on different categories of goods, he should file registration applications according to different categories.

5. Determination of the application date

This is the most important point: Since China’s trademark registration adopts the first-to-file principle, once you have a dispute over trademark rights with other companies, the application date will be determined. Prior companies will be protected by law. Therefore, it is very important to establish the filing date. The filing date shall be the date when the Trademark Office receives the application.

The next step is the three procedures of trademark review, preliminary review announcement, and registration announcement. It should be emphasized that a trademark that has passed the preliminary review by the Trademark Office can be registered only if no one raises objections three months after the announcement. The trademark is protected by law. The validity period of a registered trademark is ten years, calculated from the date of approval of registration. If the validity period expires and you need to continue to use it, you can apply for trademark renewal registration.

6. Receive the trademark registration certificate

After the trademark is registered, the Trademark Office issues a certificate to the registrant.

If the agent is organized through an agency, the agent will send the "Trademark Registration Certificate" to the registrant; if the registration is done directly, the registrant should arrive at the registrant within three months after receiving the "Notice of Collecting the Trademark Registration Certificate" When collecting the certificate from the Trademark Office, you should also bring: a letter of introduction for obtaining the trademark registration certificate, the ID card of the person receiving the certificate and its copy, the original copy of the business license and a copy stamped with the seal of the local industrial and commercial department, the notice for obtaining the trademark registration certificate, the trademark If the name of the registrant is changed, a change certificate issued by the industrial and commercial department must be attached.

What principles should be followed when applying for trademark registration?

According to the provisions of the Trademark Law, there are two principles for trademark registration in my country:

① The principle of voluntary application for registration. Article 4 of the Trademark Law stipulates that enterprises, institutions and individual industrial and commercial entities that need to obtain the exclusive right to use trademarks for the goods they produce, manufacture, process, select or distribute or for the services they provide shall apply to the Trademark Office Goods or service mark registration. The need to obtain the exclusive right to use a trademark as mentioned here reflects the principle of voluntary registration.

②Principle of mandatory application for registration. Article 5 of the "Trademark Law" stipulates that goods that must use a registered trademark according to the state must apply for trademark registration. If the registration is not approved, they may not be sold in the market. The goods referred to here that must use registered trademarks include human medicines and tobacco products.

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What are the application materials for international trademarks, and what do parties need to apply for international trademarks?

(1) Application form.

All countries require the application form to be filled in. Except for the United States, which stipulates that the application form must be filled in by the applicant himself, most other countries do not require it. The application form can be filled in by an agent. China also accepts this kind of application, because the regulations on commodity classification vary from country to country. , applicants often don’t know how to fill it out, so they have to entrust an agent to fill in the blank application form that has been signed in advance.

The content of the application is roughly the same in various countries, mainly including:

-The trademark applied for registration, the product and category used, the applicant (company name), the person in charge (signature) and Position, business address, and some countries also require that the applicant is a manufacturer or seller, or both;

-The earliest date of use of the trademark in the country where registration is applied for (it is required that the accompanying products be in that country) Certificate of sales in the country);

-If the words of the trademark are not in the language of that country, the meaning and transliteration of the words of the trademark are required to be explained. gt;

-Many countries also stipulate that products that are difficult to identify must state their uses and main raw materials, and provide samples and instructions.

In addition, most countries stipulate that each trademark should be filled in one application form. There are also a few exceptions. As long as the trademark is the same, only one application form is allowed for several different categories of goods.

(2) Power of attorney. A power of attorney is an important document for a trademark applicant to entrust and authorize an agent to apply for trademark registration. Most countries require that a power of attorney be attached when applying for registration.

The procedures for applying for a power of attorney are also different. Generally speaking, developed countries have relatively loose requirements, such as the United States, France, Germany, Japan and other countries. They only require that the power of attorney be signed by the applicant. No additional steps are required. After notarization and certification procedures. Some countries require that the power of attorney must be notarized or authenticated. China stipulates that the power of attorney must be notarized, but if the other country does not require notarization or authentication, China will also handle it based on the principle of reciprocity.

(3)Domestic registration certificate. Some countries, such as some countries under the Madrid Agreement and Arab countries in the Middle East, stipulate that when applying for trademark registration, you must submit the certificate of registration of the trademark in their own country. Some countries also require the Chinese registration authority to provide proof that the trademark is valid for 10 years for registration certificates issued before the promulgation of the Chinese Trademark Law that do not have a registration validity period.

(4) Nationality certificate and enterprise registration certificate. A certificate of nationality is a document proving the applicant’s nationality. If the applicant is a corporate organization, it only needs to obtain proof from its home country that it is a company organized according to the laws of that country. Some countries stipulate that you can submit a business registration certificate, or replace the nationality certificate with an extract from the company or business registration.

(5) Other documents. A few countries also require other documents to be attached, such as Switzerland requiring proof of business address; South Yemen requiring a declaration of trademark ownership, etc.

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