With the facilitation reform of the Trademark Office, the trademark registration process has accelerated. From the 30-month review cycle in 2008 to the 5-month review cycle in 2019, in more than ten years, the trademark registration process has Time has made a qualitative leap. Currently, most companies can obtain trademark certificates in 11 months. So, let’s introduce in detail what is the trademark registration process?

The specific process of trademark registration is as follows:

1. After the trademark name is determined, prepare the documents

Company name registration can provide a scanned copy of the company's business license with the official seal. To register in your own name, you can provide a scanned copy of your ID card and individual business license.

2. Submit to the Trademark Office

After the applicant prepares the documents, the agency will generally sort them out and confirm with the applicant, and then submit them to the Trademark Office.

3. Trademark Office formal review

Trademark formal review refers to the trademark registration authority’s examination of whether the documents and procedures for trademark registration are in compliance with legal requirements. If they are in compliance with legal requirements, the review agency will The application number is determined, the application date is determined, and a "Trademark Registration Application Acceptance Notice" is issued. Currently, it can usually be obtained in about one month.

4. Substantive review by the Trademark Office

Trademark substantive review is the inspection, data retrieval, analysis and comparison, and investigation conducted by the trademark registration authority to determine whether the trademark registration application complies with the provisions of the Trademark Law. Study and decide on a series of activities such as granting preliminary approval or rejecting the application. The speed of the Trademark Office has been relatively fast recently, and it can usually be completed in about 5 months.

5. Trademark Office Preliminary Examination Announcement

The preliminary examination announcement of a trademark (3 months) means that if the trademark registration application meets the relevant provisions of the Trademark Law after review, it is allowed to proceed. Trademark registration.

And it will 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.

6. Printing and mailing of trademark certificate

After the trademark registration is completed, the trademark certificate will be typeset, printed and mailed to the agency, which usually takes about 2 months.

In short, it takes 11 months if everything goes well, but in most cases the trademark does not go so smoothly, for example: the trademark fails to pass the substantive examination, is rejected, and enters the review process; someone raised the issue during the trademark announcement period Objection, enter the objection process, which greatly increases the time.

Which signs cannot be registered as trademarks?

1. The Trademark Law stipulates that the following signs shall not be used as trademarks:

(1) Same as the People's Republic of China*** The country's name, national flag, national emblem, military flag, and medal are the same as or similar to those of the country, and are the same as the name of a specific place where the central state agency is located or the name or figure of a landmark building;

(2) Identical or similar to the name, national flag, national emblem, or military flag of a foreign country, except with the consent of the government of that country; (3) Identical or similar to the name, flag, or emblem of an intergovernmental international organization, Except with the consent of the organization or if it is not likely to mislead the public;

(4) Identical or similar to the official mark or inspection mark indicating the implementation of control and guarantee, except for authorized ones;

(5) The same or similar names or symbols as "Red Cross" or "Red Crescent";

(6) Ethnic discriminatory;

(7) Exaggerated and deceptive propaganda; (8) Harmful to socialist morals or having other adverse effects.

Place names of administrative divisions at or above the county level or foreign place names known to the public shall not be used as trademarks. However, exceptions are made where place names have other meanings or are part of collective trademarks or certification marks; registered trademarks using place names will continue to be valid.

Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service marks, collective trademarks, and certification marks; the trademark registrant enjoys the exclusive right to use the trademark and is protected by law.

A collective trademark refers to a mark registered in the name of a group, association or other organization for use by members of the organization in commercial activities to indicate the user's membership in the organization.

A certification mark is controlled by an organization with the ability to supervise certain goods or services and is used by units or individuals other than the organization to certify the goods or services. origin, raw materials, manufacturing methods, quality or other signs of specific quality.

2. The following signs shall not be registered as trademarks if they have not been used to obtain distinctive features and are easy to identify:

(1) Only the common name, graphics, Model;

(2) Only directly represents the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the product;

(3) Lack of distinctive features.

3. It is prohibited to copy, imitate or translate someone else’s well-known trademark that has not been registered in China:

A trademark applied for registration on the same or similar goods is a copy, imitation or translation of someone else’s well-known trademark that has not been registered in China. Well-known trademarks registered in China that are likely to cause confusion will not be registered and are prohibited from use.

If the trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of a well-known trademark that has been registered in China by others, misleading the public, and causing the interests of the registrant of the well-known trademark to be potentially harmed, Registration is not allowed and use is prohibited.

Can the font of the trademark be changed at will after the trademark is obtained?

Article 49 of the "Trademark Law" stipulates: "The trademark registrant may change the registered trademark on his own initiative during the use of the registered trademark. , the name, address or other registration information of the registrant, the local industrial and commercial administration department shall order it to make corrections within a time limit. If it fails to make corrections within the time limit, the Trademark Office shall revoke the registered trademark. "

Second Section of the "Trademark Law" Article 14 stipulates: "If a registered trademark needs to change its logo, a new registration application should be submitted."

After the trademark is successfully registered, the font cannot be changed at will. If the applicant must change the font, it is recommended to re-register. New logo.

In short, to build a good brand, you must first protect the brand. This is a necessary process in product and brand management. If you do not have a registered trademark, you can still use the trademark, but in the process of brand growth, it is likely to be registered by others, and by the time you think of registering it, it will be too late.