1. How long does it usually take for trademark registration to be accepted?
1. First search the trademark. If there is no identical or similar one before, you can prepare application documents and submit the application;
About one month after the application is submitted, the Trademark Office will issue you an application acceptance notice within ten working days (this period is called the formal review stage).
2. How long does it take to register a trademark?
1. It takes about 1 month for the Trademark Office to issue the "Notice of Acceptance of Trademark Registration Application".
2. It takes about 6 months to complete the formal review. At present, the Trademark Office first issues a "Notice of Acceptance" after receiving a trademark registration application submitted by an applicant, and then conducts a formal review. Therefore, receiving the "Notice of Acceptance" does not mean that the trademark registration application will be accepted by the Trademark Office. Only if you do not receive the "Notice of Acceptance of Trademark Registration Application" from the Trademark Office within about 6 months can the trademark registration be proved. The application was officially accepted by the Trademark Office.
3. It will take about 12 months to enter the substantive examination process. The trademark registration application documents will be distributed to specific examiners in order according to different categories and review progress, and the substantive examination will begin;
4 It will take about 24 to 30 months for the annual substantive examination to be completed, and the preliminary examination and approval announcement time and announcement period of the preliminary examination and approval will be arranged; the preliminary examination and rejection arrangements will be printed and issued to the "Trademark Registration Application Preliminary Examination Rejection Notice".
5. The "Preliminary Approval Announcement of Trademark Registration Application" will be published in the "Trademark Announcement" about three months after the completion of the substantive examination. The announcement period is three months.
6. Three months after the preliminary approval announcement period, if no one raises any objection to the trademark (if an objection is raised, the trademark will automatically enter the opposition procedure), it will be published in the "Trademark Announcement" "Trademark Approval and Registration Announcement", from the next day of the announcement, the trademark registration was successful.
7. The "Trademark Registration Certificate" will be issued approximately 1 to 2 months after the registration announcement.
2. Trademark registration application conditions
1. Only individuals or groups meeting the following conditions can file trademark applications in my country:
Trademark registration applicants must Yes: Legally established enterprises, public institutions, social groups, individual industrial and commercial individuals, individual partnerships, or foreigners or foreign enterprises from countries that have signed agreements with China or participated in international treaties with the Chinese Communist Party or based on the principle of reciprocity.
When you meet the above conditions and need to obtain the exclusive right to use a trademark, you must submit a trademark registration application to the Trademark Office on a voluntary basis (from November 1, 2001, the my country Trademark Office began to accept applications for trademark registration by natural persons, but since Starting from February 28, 2007, the Trademark Office no longer accepts pure trademark registration applications from natural persons in China. Natural persons in China who apply for a trademark must have a business license as an individual industrial and commercial household).
2. File an application according to the classification of goods and services:
my country’s trademark law implements the International Classification of Goods, which divides more than 10,000 kinds of goods and services into 45 categories , when applying for trademark registration, the category of goods or services for which the trademark is used should be determined according to the classification of the Goods and Services Classification Table. If the same applicant uses the same trademark on different categories of goods, he should apply for registration in different categories according to the classification of goods. This can avoid unfair expansion of the scope of application of trademark rights, and is also conducive to the approval of examiners and the protection of exclusive rights to the trademark.
3. Determination of the trademark application date:
It is very important to establish the application date. Since trademark registration in my country adopts the first-to-file principle, once the application date occurs, the order of application dates becomes the law for determining trademark rights. According to this, the application date for trademark registration is based on the date when the Trademark Office receives the application documents (the minimum unit of date is 'day').
4. How to apply for trademark registration:
If a trademark registration is submitted through a trademark agency, the trademark agency can submit the application to the Trademark Office in paper form, and the trademark agency shall submit the application to the Trademark Office. If you apply for online submission, you can obtain a digital certificate from the Trademark Office for online filing. If the application is filed on paper, the date of trademark application shall be the date when the Trademark Office receives the application documents. If the application is filed online, the date of online application shall be the date of application.
Legal Basis
"Trademark Law of the People's Republic of China"
Article 5 Two or more natural persons, legal persons or other organizations may ** * both apply to the Trademark Office to register the same trademark, and *** both enjoy and exercise the exclusive rights to the trademark.
Article 6. Products that must use registered trademarks as stipulated by laws and administrative regulations must apply for trademark registration. Products without approved registration may not be sold in the market.
Article 7 When applying for registration and use of trademarks, the principle of good faith shall be followed. Trademark users shall be responsible for the quality of the goods on which their trademarks are used. Industrial and commercial administrative departments at all levels should use trademark management to prevent behaviors that deceive consumers.