Trademark registration is a trademark legal process. The trademark registration applicant files an application, and after review by the Trademark Office, a preliminary approval is announced. If no one raises an objection or the objection is ruled to be untenable, the trademark will be registered and effective, protected by law, and the trademark registrant enjoys the exclusive right to the trademark.

It takes about one to one and a half years from application to approval of registration for a trademark. There is no statutory time limit for the approval or rejection of a trademark registration application. The Trademark Office will review and announce the trademark, and then issue a trademark registration certificate. The trademark has been approved. The time period for trademark review may change at any time based on the speed of internal review at the Trademark Office.

The validity period of a registered trademark is ten years, calculated from the date of approval of registration. If the registered trademark expires and needs to be continued to be used, you can apply for trademark renewal registration.

1. Inquiry

Trademark inquiry refers to whether the trademark registration applicant or his agent submits a registration application to see whether the trademark applied for is the same as the previously claimed trademark or not. Approximate query work.

Inquiry is not a necessary procedure for trademark application and registration. The scope of inquiry is limited to registered trademarks and trademarks under application that have entered the Trademark Office database from the date of inquiry, and does not include prior rights that are in the review status. Information, the results have no legal effect, are only for reference, and are not the basis for the Trademark Office to approve or reject the application. The following situations are explained here:

1) Words that lack distinctiveness or are prohibited by trademark law cannot be judged by query whether their application for registration can be approved;

2) If there are identical or similar trademarks that have been previously applied for and have not yet entered the Trademark Office database when searching, the search results will not be reflected because the two are close in time;

3) If the search report provides several For trademarks that may constitute similar trademarks, the agent only makes an analysis based on general examination standards and experience. His opinions are for reference only and do not represent the examination opinions of the Trademark Office;

4) For combination trademarks, if only If a part of the trademark (such as Chinese or English) is searched, and other parts of the actual applied trademark (such as graphics) are identical or similar to someone else's registered trademark, the entire trademark will be rejected;

5) Commission The person only provides the name of the trademark during the search, but due to differences in fonts, colors, structures or arrangements in the trademark design draft provided during the actual application, the search results may not fully reflect the same or similar degree.

2. Review

Trademark review is divided into formal review and substantive review.

① During the trademark formal review (3-4 months), it is very important to establish the filing date. Since trademark registration in my country adopts the first-to-file principle, once the filing date occurs, it becomes the legal basis for determining trademark rights. The application date for registration shall be the date when the Trademark Office receives the application. Upon receipt of the trademark application, the Trademark Office will issue an acceptance notice to applications that meet the formal requirements.

②Trademark substantive review (12 months). Trademark substantive review is the inspection, data retrieval, analysis and comparison, investigation and decision-making by the trademark registration authority to determine whether the trademark registration application complies with the provisions of the trademark law. A series of activities including preliminary review or rejection of the application. During this period, before the trademark is approved for registration, please do not use registration marks (such as "registered trademark", "?", etc.). You can mark it with "TM".

In addition, before registration is approved, it is not advisable to produce too many goods and packaging bearing the trademark, or trademark logos at one time, to prevent unnecessary losses caused by obstruction of registration.

3. Announcement

Trademark approval refers to the decision to allow registration of a trademark registration application that complies with the relevant provisions of the Trademark Law after review. And be announced in the "Trademark Announcement". If no one raises any objection to a preliminary approval trademark within three months from the date of publication of the preliminary approval announcement, the trademark will be registered.

4. Special procedures

The remedial procedures used when contradictions, conflicts or other reasons occur during the trademark registration process are not necessary procedures. They mainly include: trademark rejection review, There are three procedures: trademark opposition review and trademark dispute.

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