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What is the preliminary examination and approval of trademarks?

Preliminary examination and approval is a necessary procedure for approving a registered trademark as stipulated in the Trademark Law, which means that the formal examination and substantive examination have come to an end, which means that the relevant examiners of the Trademark Office believe that the application for trademark registration conforms to the provisions of the regulations and laws.

if a trademark applied for registration is qualified through formal examination and substantive examination, the Trademark Office will preliminarily examine and approve it and make an announcement, and the external consequences will be that the trademark has been preliminarily examined and approved and announced to the public.

The contents of the announcement of the preliminary examination and approval of trademarks are:

the preliminary examination and approval number, the date of application, the trademark, the goods and categories used, the name and address of the applicant.

Article 3 of the Trademark Law stipulates that any person may raise an objection to a trademark that has been preliminarily examined and approved within three months from the date of announcement. Any person may directly file an objection application with the Trademark Office of the State Administration for Industry and Commerce or entrust a trademark agency recognized by the state to handle the objection application for the trademark that has been preliminarily approved and announced within the three-month objection period.

Extended information:

Time for preliminary examination and approval of trademark status:

Trademark form examination (about one month), which refers to whether the documents and procedures applied for trademark registration by the trademark registration authority are in compliance with the law. If so, the examination institution will compile the application number, determine the application date and issue the Notice of Registration Acceptance.

It is very important to establish the application date. As the principle of prior application is adopted in trademark registration in China, once the application date occurs, it becomes the legal basis for determining the trademark right. The application date of trademark registration shall be based on the date when the Trademark Office receives the application documents.

the announcement of preliminary examination of trademarks (3 months) refers to the decision to allow the registration of trademarks that meet the relevant provisions of the Trademark Law after examination. And make an announcement in the Trademark Announcement. If no one raises any objection within three months from the date of publication of the preliminary examination and approval announcement, the trademark shall be registered, and a registration announcement shall be published at the same time, and a registration certificate shall be issued.

Reference: China People's Congress Network-Trademark Law of the People's Republic of China.