Trademark registration is a trademark legal procedure. The application for trademark registration filed by the applicant shall be preliminarily examined and approved by the Trademark Office. If no objection is raised within three months or the objection is ruled invalid, the trademark will take effect and be protected by law, and the trademark registrant will enjoy the exclusive right to use the trademark.
In China, it takes about one to one and a half years to register a trademark. There is no statutory time limit for the approval or rejection of an application for trademark registration. At present, the trademark is announced in the first instance about two years from the date of application (earlier if rejected). If there is no objection to the trademark within three months from the date of the announcement of the first instance, the Trademark Office will make an announcement on the examination and approval of the trademark, and then issue a trademark registration certificate, and the trademark will be approved.
The time period of trademark examination will change at any time according to the speed of internal examination of the Trademark Office. The period of validity of a registered trademark is ten years, counting from the date of approval of registration. Where it is necessary to continue to use a registered trademark after its expiration, it may apply for renewal of registration.
(1) Registration method
To apply for trademark registration, you can apply for registration at the Trademark Office of the Administration for Industry and Commerce of the local government; You can also entrust an experienced trademark agency to organize agency services.
(2) Trademark inquiry
Inquiry before registration can greatly reduce the risk of trademark registration and improve the certainty of trademark registration.
Inquiry is not a necessary procedure for trademark registration. The scope of inquiry is limited to the registered trademarks and trademarks in application that have entered the database of the Trademark Office since the date of inquiry, and does not include the prior rights information in the review state. This result has no legal effect, and is for reference only, and is not used as the basis for the Trademark Office to approve or reject the application.
(3) Preparation of application materials
1. Identity certificate: a copy of your ID card is required to apply in the name of a natural person; To apply in the name of an enterprise, a copy of the business license and the official seal are required.
2. Trademark pattern application: Generally, the trademark pattern of 10 should be submitted. For color trademarks with specified colors, 10 color patterns and 1 black and white ink manuscript shall be submitted). The specific requirements shall comply with the trademark law of the country of registration.
3. Apply according to the classification of goods and services.
According to the classification of goods and services in the country where the trademark is registered, choose the types of goods and services to apply for.
(4) Determination of the date of application
Trademark registration in China adopts the principle of prior application, and the date of application is based on the date when the Trademark Office receives the application.
(5) Trademark examination
Trademark review in China is divided into formal review and substantive review.
① Trademark form review (3-4 months) ② Trademark substance review (12 months)
(6) Announcement of preliminary examination
Trademark examination and approval refers to the decision to approve the registration of a trademark that meets the relevant provisions of the Trademark Law after examination. And make an announcement in the trademark announcement. If no objection is raised within three months from the date of the announcement of preliminary examination and approval, the trademark shall be registered and a registration announcement shall be issued at the same time. If no objection is raised within three months or the objection is ruled invalid, the trademark will take effect and a registration certificate will be issued.