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Trademark process and time

How long does it take to apply for trademark registration?

It takes about 1.5 years for a trademark to go through the normal process from submitting the application 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. Trademark registration process

Trademark registration process 1. Formal review

After formal review, the application procedures are complete and the application documents are filled in as required, the Trademark Office will issue an acceptance notice.

If the application procedures are incomplete or the application documents are not filled in as required, a notice of rejection will be issued and returned, and the application date will not be retained.

If the application procedures are basically complete or the application documents basically comply with the regulations, but if supplements and corrections are needed, the Trademark Office will issue a notice of supplements and corrections to the trademark registration application. If the applicant makes corrections within the time limit and returns it to the Trademark Office, the application date will be retained; if the applicant fails to make corrections or makes corrections beyond the time limit, the Trademark Office will issue a notice of rejection and return it, and the application date will not be retained.

Trademark registration process 2. Substantive examination

After passing the formal examination, the trademark application enters the substantive examination. After substantive examination, any trademark application that complies with the relevant provisions of the Trademark Law will be initially reviewed and approved by the Trademark Office and announced.

If the application is rejected, a rejection notice will be issued to the applicant.

If the Trademark Office believes that the contents of the trademark registration application can be revised, it will issue an examination opinion. If the applicant responds within the time limit, the Trademark Office will continue the examination.

For trademarks that have been preliminarily approved after review, the China Trademark Office will announce them in the "Trademark Announcement".

Within three months from the date of announcement, anyone can object to a trademark initially approved by the China Trademark Office.

If there is no objection or the objection is ruled not to be established, the China Trademark Office will approve the registration, issue a trademark registration certificate, and announce it in the "Trademark Announcement"; if the objection is ruled to be true, the registration will not be approved.

Request for review

If the applicant is dissatisfied with the Trademark Office’s rejection of the trademark registration application during the trademark registration process, he or she may request a review from the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board will make a final decision on whether to grant registration or not, and notify the applicant in writing. If the party concerned is dissatisfied with the Trademark Office's objection ruling, he or she may request a review from the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board will make a final decision and notify the parties in writing. What to pay attention to during trademark review

Trademark review refers to the legal procedure for re-examination by the Trademark Review and Adjudication Board in response to a request for review made by a party who is dissatisfied with the Trademark Office's decision on trademark-related matters.

First, the types of trademark review:

1. Review where the party is dissatisfied with the Trademark Office’s rejection of the trademark registration application;

2. The party’s rejection by the Trademark Office Review of an application for transfer of a registered trademark that is dissatisfied;

3. An application by a party that is dissatisfied with the Trademark Office’s rejection of an application for renewal of a registered trademark;

4. Review by a party that is dissatisfied with the objection ruling of the Trademark Office;

5. Review of the party’s objection to the cancellation of the registered trademark by the Trademark Office;

6. Review of the party’s objection to the cancellation of the registered trademark by the Trademark Office;

Second , Reexamination time

The applicant may request a reexamination from the Trademark Review and Adjudication Board within fifteen days from the date of receipt of the rejection notice, ruling notice or revocation notice.

If there are special reasons, you can apply for an extension before expiration. The extension time is thirty days, but you need to pay an extension request fee.

Third, documents and materials that need to be provided:

1. "Trademark Agency Power of Attorney": If you entrust a trademark agency to act as an agent, you must provide a letter of authorization stamped by the applicant. Book. Applicants from outside mainland China who want to apply for trademark review in China must entrust a trademark agency to do so.

2. Various types of reexamination applications: If an agency is entrusted to apply for trademark reexamination, the agency will prepare it.

3. Reasons and evidentiary materials

IV. Decision on review

The Trademark Review and Adjudication Board will decide whether to approve registration or deny registration upon review of rejection or objection. The final decision on registration shall be made and the relevant parties shall be notified in writing.

The Trademark Review and Adjudication Board will make a final decision to maintain or revoke the trademark for other reviews and notify the relevant parties in writing.

The above is the trademark process and time provided by the editor. I hope it can be helpful to everyone