Recently, many friends have asked why the Trademark Office hasn't issued a notice of acceptance recently. We can especially understand your feelings, but the implementation of the new trademark law and the system update need time to transition. Please understand. Today, I will sort out two common questions and reply to you, hoping to help you.
Why didn't the Trademark Office issue a notice of acceptance recently?
There are two main reasons for the comprehensive analysis:
First, it has something to do with the third-phase system just launched by the Trademark Office and the implementation of the new Trademark Law.
During the system upgrade, documents were not processed for more than two months (from April to June), and the implementation of various rules and regulations requires a transition, which will affect all the processes of trademark application. The internal processes of the Trademark Office mainly include:
Formal review (book review)? Scan entry? Proofreading? Matching (deduction)? Secondary formal examination (content review)? Print acceptance notice? Card classification? Actual trial? Rejected or preliminarily approved? Print the rejection notice or registration certificate.
what is the most influential process in this transition? Formal examination (book review), the Trademark Office has issued a new book form in order to cooperate with the implementation of the new Trademark Law, and the requirements for the book form are stricter.
II. The process of trademark trial has changed
The application for trademark registration has been changed from receipt, formal examination, entry and payment to receipt, formal examination and payment, and then transferred to the background for the examiner to review the declared name, service items, trademark patterns and other contents, and then issue the receipt after confirmation. As mentioned above, it is only after the second formal examination (content review) that the goods or services submitted in the application documents have problems. This means that the Trademark Office will issue a notice of correction before issuing an acceptance notice, which also requires the agency to be more rigorous and meticulous.
it takes more than one year from the application for trademark registration to the licensing? Where's the time?
analysis of the internal process of the trademark office for trademark registration application
The internal process of the trademark office for registering a new application mainly includes: receipt, formal examination (book examination), scanning and entry, proofreading, payment (payment), content examination, printing acceptance notice, card classification, actual examination, rejection or preliminary examination, printing rejection notice or typesetting announcement, printing registration certificate and issuing documents.
receipt: application materials can be submitted by mail. if they are submitted directly in the lobby of the trademark office, the agency has a special receipt window, and the self-provided list is submitted in duplicate with the application materials, and a stamped receipt is taken back.
formal examination (book examination): the application documents submitted on the same day usually arrive at the book examination department the next day. The book examination generally examines whether the book format is correct, whether the official seal signature is complete and clear, and whether the subject qualification certificate (business license, individual industrial and commercial households, foreign enterprise certificate) is true and valid. If a new application does not meet the requirements, it will not be accepted. If it is rejected at this stage, it can only show that the level of the agency is too poor! Although the fee will not be deducted, it can be resubmitted, but the application time will not be retained. This process normally takes about two or three days.
scanning and proofreading: this process takes about 2 days.
matching payment (payment): all agency companies deposit official fees in the accounts established by the Trademark Office in advance, and the lack of funds in the accounts may also lead to rejection.
content review: the examiner of the application acceptance office will review the declared commodity name or service item and trademark pattern, and will issue a notice of trademark correction if there are any problems. This process takes about one month. Print acceptance notice: the agency can receive it directly in the acceptance hall about one week after printing, and it will take about two weeks to receive the mail from other places.
Card classification: When the Trademark Office first accepted trademark applications, it was written directly into the cards for filing and classification, and there was no computer system. This process is mainly to distribute the application materials to the review offices (eight review offices). Because there is a backlog of cases that will take about four to six months to be heard.
actual trial: the most critical link, the examiner preliminarily examines whether there is a previous similar trademark and gives a conclusion. Rejection or preliminary examination and approval: the conclusion shall be examined and approved by the director. It takes about ten days from the actual trial to the audit. Print rejection notice or typesetting announcement: print rejection notice after half a month or typesetting announcement after one month or so.
Print the registration certificate and issue a document: Print the registration certificate and issue a document three months after the announcement without objection, and it will take about half a month from printing the registration certificate to issuing a document to obtaining the registration certificate.