China's trademark registration is based on the principle of combining application with use, and the application for trademark approval and registration adopts the examination system.
I. Formal review
After formal examination, the application procedures are complete, the application documents are filled in and the application fee is paid, and the Trademark Office issues the Notice of Acceptance.
If the application procedures are incomplete or the application documents are not filled in as required, and the application fee is not paid, a Notice of Rejection shall be issued, and the application shall be returned without retaining the application date.
If the application procedures are basically complete or the application documents basically meet the requirements, but need to be corrected, the Trademark Office will issue the Notice of Correction of Trademark Registration Application. If the applicant makes corrections within the time limit and returns them to the Trademark Office, the date of application shall be kept; If no correction is made within the time limit, the application shall be deemed to have been abandoned, and the Trademark Office shall notify the applicant in writing. Beijing equity transfer
II. Substantive review
Trademark applications enter substantive examination after passing formal examination. After substantive examination, any trademark application that meets the relevant provisions of the Trademark Law shall be announced by the China Trademark Office in the Trademark Announcement.
If the application is rejected, the Trademark Office will issue a Notice of Rejection to the applicant.
Within three months from the date of announcement, anyone may raise an objection to the trademark preliminarily approved by the China Trademark Office.
If it is ruled that there is no objection or the objection is untenable, the China Trademark Office will approve the registration, issue a trademark registration certificate, and make an authorization announcement in the Trademark Announcement; If the objection is established, the registration shall not be approved.
Third, review.
If the applicant refuses to accept the rejection of the application for trademark registration by the Trademark Office, or refuses to accept the opposition decision of the Trademark Office, he may request the Trademark Review and Adjudication Board for a review within the prescribed time limit. The Trademark Review and Adjudication Board shall make a decision on approval or disapproval of registration and notify the applicant in writing.
Four. judicial process
If a party refuses to accept the ruling of the Trademark Review and Adjudication Board, it may bring a lawsuit to the people's court within 30 days from the date of receiving the notice, and the other party may participate in the lawsuit as a third party.
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