Under normal circumstances, it can be approved in about one year. After receiving the trademark application acceptance notice, you can use the trademark, but before the formal trademark rights are issued, you can only use TM and not R. TM means the trademark rights review period and is not officially authorized.

Related procedures

1. The trademark registration acceptance notice will be issued in about 1 month: from the date of trademark registration application, 1 month later, if the trademark registration application documents are submitted No problem, the Trademark Office will issue a "Notice of Acceptance of Trademark Registration Application";

2. Make a substantive examination decision within 9 months: From the date of trademark registration application, within 9 months (generally (exactly about 9 months), the Trademark Office will make a substantive review decision on the applied trademark. If it does not violate the prohibition of use or registration of a trademark stipulated in Articles 10 and 11 of the Trademark Law, and there is no In the case of similar trademarks, the applied trademark will enter the preliminary examination and announcement stage;

3. If no one raises objections within 3 months, the application for trademark registration is successful: within 3 months of the preliminary examination and announcement period (every The 6th, 13th, 20th and 27th of March are the dates for the preliminary examination and announcement of the trademark). If no one else files an objection application to the trademark, the trademark will be successfully registered after the preliminary examination and announcement period, and the Trademark Office will issue a "Trademark Registration Certificate".

How to identify trademark infringement

As for the process of identifying or judging infringement of registered trademark rights, there are three basic steps:

1. Determine the registered trademark The scope of exclusive rights. The scope of exclusive rights of a registered trademark is the basic basis for determining trademark infringement.

All factors considered in determining whether a trademark infringement can be identified or constituted are centered around the scope of exclusive rights to a registered trademark.

2. Determine the specific object accused of infringement. The determination of the object of alleged infringement is determined by two factors:

(1) The trademark accused of infringement

(2) The goods used in the trademark accused of infringement< /p>

The significance of determining the specific object of alleged infringement is to determine and solidify the carrier of the alleged infringement, laying a solid foundation for the next step of comparison with the scope of protection of trademark rights. It is as important as determining the scope of exclusive rights to a registered trademark and is another comparison object for determining trademark infringement.

3. Compare the alleged infringement object with the registered trademark and the goods approved to be used by the registered trademark, and determine whether the alleged infringing trademark is the same or similar to the registered trademark, and whether the alleged infringing trademark is used Whether the goods are of the same category or similar to the goods for which the registered trademark is used.

Through the three basic steps to determine infringement, especially by comparing the alleged infringement object with the registered trademark and the goods for which the registered trademark is approved, we can determine whether trademark infringement is constituted.

Chinese law stipulates that for a trademark application for registration, the Trademark Office shall complete the review within nine months from the date of receipt of the trademark registration application document. If it meets the relevant provisions of this law, a preliminary review and announcement shall be made. , after the trademark application is completed, it can be used. The specific regulations are as above.

Legal Basis

Article 28 of the Trademark Law of the People's Republic of China

For trademarks applied for registration, the Trademark Office shall collect the If the review is completed within nine months from the date of the trademark registration application document and it complies with the relevant provisions of this Law, a preliminary review and announcement will be made.

Article 33 of the Trademark Law of the People's Republic of China

For a trademark that has been initially approved and announced, within three months from the date of announcement, the prior rights Persons or interested parties believe that there has been a violation of paragraphs 2 and 3 of Article 13, Article 15, Paragraph 1 of Article 16, Article 30, Article 31, and Article 32 of this Law stipulations, or if anyone believes that the provisions of Article 4, Article 10, Article 11, Article 12, or Article 19, paragraph 4, of this Law are violated, he may file an objection with the Trademark Office. If there is no objection at the expiration of the announcement period, the registration will be approved, a trademark registration certificate will be issued, and the announcement will be made.