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Does getting the acceptance notice mean that the trademark registration was successful?

According to actual work experience, the issuance of the trademark acceptance notice is certain, but it is just a matter of time. The Trademark Office’s review is as fast as about 20 days, and at the slower time, it is about 40 days.

The applicant will definitely get an acceptance notice, indicating that the Trademark Office has accepted the trademark application. At this time, the trademark applicant does not have trademark ownership. If it is discovered that someone else is using the same or similar trademark as your own on the same or similar products, the trademark applicant has no right to file an infringement lawsuit.

On the contrary, if the applied trademark infringes upon the ownership of a previously registered trademark, and the defense of infringement by having a trademark acceptance notice is not sufficient, it will still be deemed as infringement and the applicant will be liable for infringement.

After a trademark is accepted, registration may not be approved. There are two reasons:

First, the Trademark Office’s proactive review. According to relevant provisions of China's Trademark Law, trademarks applied for in mainland China are subject to substantive examination. If a trademark that is identical or even similar to an earlier trademark is detected, the later applied trademark will not be announced and will be rejected. , registration was unsuccessful. This is different from the non-substantive review rules in the United States, the United Kingdom and other regions.

2. Objections during the announcement period. If the Trademark Office takes the initiative to review and determines that the trademark does not violate Articles 10 and 11 of the Trademark Law and there is no prior identical or similar trademark, it will make a preliminary review announcement and the announcement period will be 3 months. During this three-month period, any individual or enterprise has the right to raise objections to trademark approval and registration. If someone raises an objection, the trademark will enter the trademark opposition stage. Whether the trademark registration certificate can be issued will have to wait for the re-examination result of the Trademark Office. Disclaimer: The above information is provided by members themselves, and the publishing member is responsible for the authenticity, accuracy and legality of the information content.