Registering a trademark generally takes one year. According to relevant legal provisions, when a trademark owner applies for trademark registration, he shall submit corresponding application materials. The Trademark Office shall complete the review within nine months from the date of receipt of the trademark registration application documents. If the relevant provisions of this law are met, a preliminary review shall be made. announcement. For a trademark that has been initially approved and announced, if there is no objection at the expiration of the announcement period within three months from the date of announcement, the trademark will be approved for registration, a trademark registration certificate will be issued, and the trademark will be announced.
The trademark review period is nine months, and the announcement period is three months. In addition to the various procedures and preparations, the general trademark registration time is about 13 months. The State Administration for Industry and Commerce stated that it will shorten the trademark registration review cycle to 6 months before the end of 2018, which will greatly shorten the overall trademark registration time.
1. How long does it take to apply for a trademark?
It takes about 1.5 years under normal procedures for a trademark to be submitted for registration, to the preliminary review announcement, and to the issuance of the registration certificate. The details will depend on the official review progress of the Trademark Office. This cycle has been shortened significantly. The longest trial in history lasted 3.5-4 years. The processing progress of different categories is also different. Generally, the processing of some categories with a small number of applications is relatively faster. Categories with a large number of applications, such as the 25 clothing category, should be processed the slowest among all categories because of the large number of applications. This is the time required for the normal trademark process to come down.
If the trademark undergoes substantive examination, the Trademark Office rejects the document, and the applicant files for reexamination. In this case it will take longer. Or if someone raises an objection to the trademark during the announcement period, the trademark will enter the opposition procedure, and the final objection ruling will take another 2-3 years. Trademarks that are in the review process or opposition process will not affect the use.
Legal basis:
"Trademark Law of the People's Republic of China"
Article 25 The applicant for trademark registration shall have the right to register his or her trademark in a foreign country. If an application for trademark registration is filed in China with the same trademark for the same goods within six months from the date of filing a trademark registration application, the foreign country shall apply for trademark registration in accordance with the agreement signed between the foreign country and China or an international treaty to which both countries are parties, or in accordance with the mutual agreement. Priority can be enjoyed by recognizing the principle of priority. To claim priority in accordance with the preceding paragraph, a written statement shall be made when filing an application for trademark registration, and a copy of the first trademark registration application document shall be submitted within three months; if a written statement is not made or the trademark registration application is not submitted within the time limit, Copies of documents shall be deemed not to have claimed priority.
Article 26 If a trademark is used for the first time on goods exhibited at an international exhibition sponsored or recognized by the Chinese government, the registration of the trademark shall be within six months from the date of exhibition of the goods. Applicants may enjoy priority. Those who claim priority in accordance with the preceding paragraph shall submit a written statement when applying for trademark registration, and within three months submit the name of the exhibition where the goods are exhibited, evidence of the use of the trademark on the goods on display, and the date of exhibition. and other supporting documents; if a written statement is not made or supporting documents are not submitted within the time limit, it will be deemed that priority has not been claimed.
Article 27 The matters reported and the materials provided for applying for trademark registration shall be true, accurate and complete.
Article 28: For a trademark applied for registration, the Trademark Office shall complete the review within nine months from the date of receipt of the trademark registration application documents. If it complies with the relevant provisions of this Law, a preliminary review and announcement shall be made.
Article 33: For a trademark that has been initially approved and announced, within three months from the date of announcement, the prior right owner or interested parties believe that it violates paragraph 2 and paragraph 2 of Article 13 of this Law. Paragraph 3, Article 15, Paragraph 1 of Article 16, Article 30, Article 31, and Article 32, or any person believes that it violates Articles 4, 10, and Article 11, Article 12, and Article 19, paragraph 4, may file an objection with the Trademark Office. If there is no objection at the expiration of the announcement period, the registration will be approved, a trademark registration certificate will be issued, and the announcement will be made.
Article 34 The Trademark Office shall notify the trademark registration applicant in writing if the application is rejected and the trademark is not announced. If the trademark registration applicant is dissatisfied, he may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice.
The Trademark Review and Adjudication Board shall make a decision within nine months from the date of receipt of the application and notify the applicant in writing. If there are special circumstances that require an extension, it can be extended for three months with the approval of the industrial and commercial administration department of the State Council. If the party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice.
Article 35: If an objection is raised against a trademark that has been initially approved and announced, the Trademark Office shall listen to the facts and reasons stated by the opponent and the person being opposed, and after investigation and verification, the Trademark Office shall, within 10 days from the expiration of the announcement period, A decision will be made within two months on whether to approve registration, and the opponent and the objected party will be notified in writing. If there are special circumstances that require an extension, it can be extended for six months with the approval of the industrial and commercial administration department of the State Council.