I. Submission of application for trademark registration
An applicant for trademark registration shall submit an application for trademark registration, a trademark pattern and other application materials to the China National Intellectual Property Administration Trademark Office. When submitting an application, it shall be filled in and prepared according to the format and requirements specified by the Trademark Office to ensure the completeness and accuracy of the application materials.
II. Formal examination of the Trademark Office
After receiving an application for trademark registration, the Trademark Office first conducts formal examination. Formal examination is mainly to check whether the application materials are complete and meet the statutory requirements, such as the applicant's qualification, the clarity of the trademark pattern and the accuracy of classification. If the application materials do not meet the requirements, the Trademark Office will notify the applicant to make corrections or amendments.
iii. substantive examination of the trademark office
after passing the formal examination, the trademark office will conduct substantive examination. The substantive examination is to examine whether the trademark is registrable, including whether the trademark is remarkable, whether it conflicts with the prior trademark, and whether it violates laws and regulations. The Trademark Office will comprehensively consider various factors and conduct a comprehensive evaluation of trademarks.
iv. announcements and objections to trademark registration
if the trademark passes the substantive examination, the trademark office will make a preliminary examination and make an announcement. During the announcement period, any interested party who thinks that the registration of the trademark infringes on his rights and interests may raise objections. The Trademark Office will review the objections and deal with them accordingly.
v. Grant of the exclusive right to use a trademark and issuance of certificates
After the objection procedure is announced, if there is no objection or the objection is not established, the Trademark Office will approve the registration of the trademark and grant the exclusive right to use the trademark. Subsequently, the Trademark Office will issue a trademark registration certificate to prove the legitimate rights and interests of the trademark owner.
To sum up:
The China National Intellectual Property Administration Trademark Office is responsible for the examination of trademark registration, including formal examination, substantive examination, announcement of objections and other procedures. Applicants for trademark registration are required to submit application materials according to the requirements of the Trademark Office, and only after passing the examination can they obtain the exclusive right to use a trademark and issue a trademark registration certificate.
Legal basis:
Article 4 of the Trademark Law of the People's Republic of China
stipulates:
If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services in production and business activities, it shall apply to the Trademark Office for trademark registration.
Article 3 of the Trademark Law of the People's Republic of China
stipulates:
Where a trademark applied for registration does not conform to the relevant provisions of this Law or is the same as or similar to a trademark registered or preliminarily approved by others on the same or similar goods, the Trademark Office will reject the application and will not announce it.
Article 33 of the Trademark Law of the People's Republic of China
stipulates:
Any person may raise an objection to a trademark that has been preliminarily approved and announced within three months from the date of announcement. If there is no objection at the expiration of the announcement period, the registration shall be approved, a trademark registration certificate shall be issued and an announcement shall be made.