The specific process of applying for a patent is that the applicant files an application, the Patent Office conducts a preliminary examination and a substantive examination, and a patent certificate is issued after the examination is passed; The process of applying for trademark registration is that the applicant applies, and the Trademark Office conducts a preliminary examination and makes an announcement. After the announcement, a trademark registration certificate is issued.

legal ground

Article 35 of the Patent Law of People's Republic of China (PRC)

Within three years from the date of filing, the patent administration department of the State Council may conduct substantive examination according to the request made by the applicant at any time; If the applicant fails to request substantive examination within the time limit without justifiable reasons, the application shall be deemed to have been withdrawn.

The patent administrative department of the State Council may, when it deems it necessary, examine the application for a patent for invention on its own.

Article 33 of the Trademark Law of People's Republic of China (PRC)

Within three months from the date of the announcement of preliminary examination and approval, if the prior obligee or interested party thinks that the trademark violates the provisions of Article 13, paragraphs 2 and 3, Article 15, Article 16, paragraph 1, Article 30, Article 31 and Article 32 of this Law, or thinks that it violates the provisions of Article 4, Article 10, Article 11, Article 12 and Article 19, paragraph 4 of this Law, it may lodge a complaint with the trademark owner. If there is no objection at the expiration of the announcement period, the registration shall be approved, a trademark registration certificate shall be issued and an announcement shall be made.