Trademark registration takes approximately one to one and a half years.
1. How long does it take to apply for a trademark in China?
The normal process for a trademark takes about one to one and a half years from submission of application for registration, to preliminary review announcement, to issuance of registration certificate. 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 3.5-5 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. The use of the trademark during the review process or the opposition process will not affect the use.
2. How long is the term of trademark protection in China?
The term of trademark protection refers to the effective period for which the exclusive right to use a trademark is protected by law. The validity period of a registered trademark in my country is ten years, calculated from the date of approval of registration. A registered trademark can be renewed upon expiration; the renewal of trademark rights refers to extending the validity period of the original registered trademark through certain procedures so that the trademark registrant can continue to maintain the exclusive right to the registered trademark.
my country's "Trademark Law" stipulates that if a registered trademark has expired and needs to be continued to be used, it must apply for renewal of registration within six months before expiration. Each renewal of registration is valid for ten years. After the registration renewal is approved, it will be announced.
Legal basis:
"Trademark Law of the People's Republic of China"
Article 28 For trademarks applied for registration, the Trademark Office shall automatically If the review is completed within nine months from the date of receipt of the trademark registration application documents, and if it complies with the relevant provisions of this Law, a preliminary review and announcement will be made.
Article 34: For a trademark that rejects the application and refuses to be announced, the Trademark Office shall notify the trademark registration applicant in writing. 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.
If the Trademark Office makes a decision to approve registration, it will issue a trademark registration certificate and make an announcement. If the opponent is dissatisfied, he may request the Trademark Review and Adjudication Board to declare the registered trademark invalid in accordance with the provisions of Articles 44 and 45 of this Law.
If the Trademark Office makes a decision not to register and the opponent is dissatisfied, he or she 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 review decision within twelve months from the date of receipt of the application, and notify the opponent and the opposed party 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. If the opposed party 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. The people's court shall notify the opponent to participate in the litigation as a third party.
In the process of reexamination by the Trademark Review and Adjudication Board in accordance with the provisions of the preceding paragraph, the determination of the prior rights involved must be based on the results of another case that is being heard by the people's court or is being handled by the administrative agency. Review can be suspended. After the reasons for the suspension are eliminated, the review process should be resumed.
Article 36: Upon expiration of the statutory period, the party concerned fails to apply for review of the Trademark Office’s decision to reject the application or disapprove registration, or fails to file a lawsuit in the People’s Court against the review decision of the Trademark Review and Adjudication Board. , the decision to reject the application, deny registration or review decision takes effect.
For a trademark that is approved for registration after examination and objections are not established, 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 approval announcement. From the expiration of the trademark announcement period until the decision to approve registration is made, there will be no retroactive effect on others' use of signs that are identical or similar to the trademark on the same or similar goods; however, due to the bad faith of the user Any losses caused to the trademark registrant shall be compensated.