The trademark registration process is roughly divided into 5 steps:
The first step is to determine the scope of trademark registration and conduct a pre-search. The registration scope of the trademark should be selected based on the categories and product names listed in the "Classification Table of Similar Goods and Services". After selecting the scope, it is recommended to conduct a trademark search to evaluate whether the trademark registration application is at risk of being rejected. If so, Trademarks can be modified in time before applying for registration.
The second step is to submit the trademark registration application documents to the Trademark Office. Application documents include: trademark registration application, applicant’s subject qualification certification materials, and if an intellectual property agency is entrusted to submit, a power of attorney should also be submitted.
The third step is for the Trademark Office to accept and review the application. After accepting the application, the Trademark Office will conduct a formal examination and a substantive examination. The formal examination mainly examines the applicant's name, address, trademark drawings, and designated goods and services. The substantive examination mainly examines whether the trademark is a mark prohibited from registration and use under the Trademark Law, and whether it conflicts with an identical or similar trademark previously applied for or registered.
The fourth step is announcement. If the application passes the review, the Trademark Office will make an announcement. The announcement period is 3 months. During this period, prior rights holders and interested parties can raise objections to the trademark application.
The fifth step is to approve the registration. If no one raises any objection during the announcement period, the Trademark Office will approve the registration and issue a "Trademark Registration Certificate".
It takes about 12 months to complete the entire trademark registration process.
Article 35 of the "Trademark Law of the People's Republic of China" 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 opposed party, and after investigation After verification, a decision will be made on whether to approve registration within twelve months from the expiration date of the announcement, 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.