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How to formally apply for trademark registration in the early stages of starting a business?

1. Find an application method that suits you

In recent years, the number of trademark agencies has increased day by day, and their advertisements have also been everywhere, causing many people to mistakenly believe that To register a trademark, you must entrust a trademark agency. In fact, in addition to entrusting a trademark agency, the trademark applicant himself can also apply directly to the Trademark Office.

Usually, if the number of trademark applications is small and the trademark is relatively original and distinctive, some small businesses or individual industrial and commercial households can apply directly to the Trademark Office due to cost considerations. If the legal departments of some large companies have high professional standards, they may also consider applying directly. To this end, the Trademark Office launched local trademark acceptance windows on November 1, 2016. Currently, three batches of ***74 local trademark acceptance windows have been opened, which greatly facilitates applicants to apply for trademarks on their own.

However, if the trademark application is more complicated or the foreign legal person wants to apply for a trademark in China, it is still necessary to find a suitable trademark agency. As professionals, trademark agencies are far superior to the general public in terms of their ability to deal with complex issues and their familiarity with legal procedures. In 2012, the State Administration for Industry and Commerce and the Ministry of Justice jointly decided that

2. Prepare qualified application documents

Qualified trademark application documents mainly include: the main qualifications of the trademark applicant Documents and valid contact information, a trademark application in a unified format, a detailed trademark description, a clear trademark drawing and a selection of standardized goods and services. If the trademark applied for registration has special circumstances (such as claiming priority), a corresponding written statement should also be submitted. Those who entrust a trademark agency should also submit the entrustment procedures and relevant qualification certificates of the agency. For details, please refer to the "Trademark Application Guide" published on the trademark website of the State Administration for Industry and Commerce.

3. Trademark application process

After receiving qualified trademark application documents, the Trademark Office will process it in accordance with the following procedures: First, conduct a preliminary review of the applied trademark within nine months. , reject trademarks that “may infringe the prior legal rights of others”, are “not distinctive”, and “violate public order and good customs”. After passing the preliminary review, the Trademark Office will announce the applied trademark for three months. During this period, any third party who believes that the applied trademark infringes upon their own rights and interests can file an objection to the Trademark Office. If there is no objection after the announcement period, the trademark will be approved for registration, a trademark registration certificate will be issued, and the announcement will be made again. Therefore, even if everything goes well, the trademark registration process from application to certification often takes more than a year.

Hope it can help you!