How long does it take to register a trademark
A new trademark application generally takes one and a half years from application to issuance. It takes about three years, including about six months for application acceptance and formal review, about two years for substantive review, three months for the objection period, and about two months from approval announcement to issuance of the certificate.
1. The basically smooth process of trademark registration
(1) 9 months: 9 months after the trademark is accepted is the preliminary examination announcement period. At this time, the Trademark Office has passed the preliminary examination of the trademark and issued the trademark preliminary examination announcement to the public. If the trademark fails the preliminary examination, a rejection notice will be issued to the applicant.
(2) 3 months: After passing the preliminary review, the objection period will enter. If any prior rights holder or interested party believes that the trademark infringes upon their own trademark exclusive rights, You can file an objection with the Trademark Office and go through the trademark opposition process.
(3) 12 months: If the trademark successfully passes the preliminary review and no one raises any objection, the registration will be successful. The Trademark Office will subsequently issue a trademark registration certificate. The trademark owner can put an R in the upper right corner of the trademark to indicate that the trademark has been registered.
2. If the trademark is rejected
(1)15 Day: If the trademark fails the preliminary examination, the Trademark Office will issue a rejection notice to the trademark applicant 9 months later. Within 15 days after the applicant receives the rejection notice, the trademark applicant can submit a rejection review to the Trademark Review and Adjudication Board.
(2) 9 months: The Trademark Review and Adjudication Board shall make a decision on the rejection review within 9 months. If there are special circumstances, it may be extended for 3 months.
(3) 30 days: If the rejection review fails, the applicant can file a lawsuit in court within 30 days.
3. If the trademark is opposed
(1) 3 months: Any interested party or prior rights holder may object to a trademark that has passed the preliminary examination within 3 months of the trademark announcement period.
(2) 12 months: The Trademark Office shall make a decision on the trademark objection within 12 months after the end of the announcement period. If there are special circumstances, it may be extended for 6 months months.
(3) 15 days: If the trademark opposition is successful, the trademark applicant can submit an objection review to the Trademark Review and Adjudication Board within 15 days.
(4) 12 months: The Trademark Review and Adjudication Board shall make a decision on the trademark objection review within 12 months, and may be extended for 6 months under special circumstances.
(5) 30 days: If the objection review fails, the trademark applicant can file a lawsuit with the People's Court within 30 days from the date of receipt of the notice.
4. If the trademark is declared invalid
(1) 15 days: If the trademark owner receives the notice of trademark invalidation, he can apply to the Trademark Review and Adjudication Board for trademark review within 15 days.
(2) 9 months: The Trademark Review and Adjudication Board shall make a decision on the review within 9 months. If there are special circumstances, it may be extended for 3 months.
(3) 30 days: If the review fails, the owner can file a lawsuit with the People's Court within 30 days from the date of receipt of the notice.
As can be seen from the above introduction, it takes a long time to register a trademark. If the registration is successful, it only takes a few months. If you have other related questions you would like to know, please feel free to consult the free legal consultation of Legal Savior Network, which can help you answer your doubts.