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What does the trademark registration process include?

Trademark registration has a streamlined process, including trademark inquiry, trademark review, trademark announcement, etc.

Registration process: Trademark inquiry (within 2 days) → Application document preparation (within 3 days) → Submit application (within 2 days) → Pay trademark registration fee → Trademark form review (1 month) → Issue trademark acceptance Notice→Trademark substantive examination (12 months)→Trademark announcement (3 months)→Issuance of trademark certificate. (The new Trademark Law was implemented on May 1, 2014, and the substantive trademark review period is 9 months.)

1. Trademark query.

Trademark search refers to the search by a trademark registration applicant or its agent to see whether the trademark applied for is identical or similar to the prior rights trademark before filing an application for registration.

The following situations are explained here:

1) Words that lack distinctiveness or are prohibited by trademark law cannot be judged through inquiries to determine 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 been entered into the Trademark Office database at the time of query, the query results will not be reflected because the two are close in time;

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

4) For combined trademarks, if only part of the trademark (such as Chinese or English) is queried, 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) The client only provided the name of the trademark during the query, but due to differences in fonts, colors, structures or arrangements in the trademark design draft provided during the actual application, the query results may not completely reflect the same or to a similar degree.

2. Trademark review.

Trademark examination is divided into formal examination and substantive examination.

① During the trademark formal review (3-4 months), it is very important to establish the filing date. Since China’s trademark registration adopts the first-to-file principle, once the filing date occurs, it will become the legal basis for determining the trademark right. 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.

Trademark Registration Certificate

②Trademark substantive examination (12 months). Trademark substantive examination is an inspection conducted by the trademark registration authority to determine whether the trademark registration application complies with the provisions of the Trademark Law. A series of activities such as data retrieval, analysis and comparison, investigation and research and decision to give preliminary approval or reject 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. Preliminary review 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 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.

Query analysis

Trademark query refers to whether the trademark registration applicant or his agent submits a registration application to see whether the trademark he is applying for is the same as or similar to the prior rights trademark. query work. Inquiry is not a necessary procedure for trademark application and registration. The scope of inquiry is limited to the registered trademarks and trademarks under application that have entered the Trademark Office database from the date of inquiry, and does not include information on prior rights under review. The results have no legal effect. It is for reference only and is not the basis for the Trademark Office to approve or reject the application.

Trademark search is a professional job. You can entrust a trademark agent to search on your behalf, and you will get more accurate suggestions.

Trademark inquiries can also be entrusted to the Tongda Trademark Affairs Center, a public institution of the Trademark Office, and the results of the inquiries are relatively accurate.

Trademark analysis refers to whether the trademark registration applicant or his agent, before submitting the application for registration, violates the provisions of the Trademark Law that prohibit the registration of a trademark as a trademark or prohibits it from being used as a trademark. terms of use. This is also essential work that needs to be done before trademark application to improve the success rate of trademark application.

Formal review

Trademark registration formal review

Trademark formal review (about 3 months). Trademark formal review refers to the trademark registration authority’s review of the application for trademark registration. Whether the documents and procedures comply with legal requirements, if so, the review agency will assign an application number, determine the application date, and issue a "Notice of Acceptance of Trademark Registration Application." It is very important to establish the filing date

. (The new Trademark Law was implemented on May 1, 2014, and the trademark formal review period is about 1 month)

Substantive review

Trademark registration substantive review

Trademark substantive review ( Around 18-30 months). (The new Trademark Law was implemented on May 1, 2014, and the substantive examination period for trademarks is 9 months)

Preliminary Examination Announcement

The preliminary examination announcement of a trademark (3 months) refers to the examination of the trademark registration application. Afterwards, if it complies with the relevant provisions of the Trademark Law, it will be allowed to register a trademark. And be announced in the "Trademark Announcement". If no one raises objections to a trademark subject to preliminary examination within three months from the date of publication of the preliminary examination 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.

Four steps: Trademark search (one day) - Trademark formal review (about 1 month) - Trademark substantive review (12-48 months) - Trademark announcement (3 months) - Receive registration certificate (2 months).

Friendly reminder: During the trademark application period (before registration is approved), please do not use registration marks (such as "registered trademark", "?", etc.). You can mark "TM".

What materials do legal persons need to provide to the Trademark Office when applying for a trademark?

Legal persons applying for trademarks shall provide the following materials: 1. A copy of the business license (with a clear official seal in the blank space); 2. A drawing of the trademark (including text, drawings or graphics, etc.), 3. Notification of the product to be registered or Services, such as clothing or electrical appliances you want to register.