1. How long does it take to register a trademark?
Normally, the entire process of trademark application registration can be completed in as little as 9 months.
The process of applying for registration requires trademark inquiry, application submission, application acceptance, and entity review. , registration announcement and final approval of registration and issuance of certificates;
In special circumstances Under the influence of various external factors, additional procedures such as rejection application, rejection review, objection and objection defense may need to be processed.
Before applying for trademark registration, the first step is to conduct a trademark search.
If no existing identical or similar trademarks are found at this stage, You can now prepare and submit your application.
In about 3 months after the application is submitted, the Trademark Office will submit the application to the Trademark Office An application acceptance notice will be issued to the person.
The Trademark Office will complete its review within 9 months from the moment it receives the trademark registration application documents.
If the application meets the requirements of relevant laws and regulations, it will be initially reviewed and announced.
The initial review announcement period is 3 months
If no one files an objection during this period, the Trademark Office will issue a registration announcement.
The validity period of the trademark will officially take effect from the date of registration announcement.
"Trademark Law"
Article 28
For trademarks 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 approval announcement will be made.
Twenty-ninth. Article
During the review process, if the Trademark Office believes that the content of the trademark registration application needs explanation or correction, it may require the applicant to make explanations or corrections. The applicant has not made any explanation. or amendment, it shall not affect the Trademark Office’s examination decision.
Article 30
Any trademark applied for registration that does not comply with the relevant provisions of this Law or is the same trademark as others If the registered or preliminarily approved trademarks on the same goods or similar goods are identical or similar, the Trademark Office will reject the application and will not publish it.
Article 31
If two or more trademark registration applicants apply for registration of the same or similar trademark on the same goods or similar goods, the trademark that was applied for first will be preliminarily reviewed and announced; if the application is made on the same day, the trademark that was applied for first will be preliminarily reviewed and announced. Use the prior trademark, reject other people’s applications, and not publish it.
Article 32
Application for trademark registration shall not damage the existing prior rights of others. Nor should you preemptively register a trademark that has been used by others and has certain influence by unfair means.
2. Can trademarks be protected if they violate legal provisions
With regard to the handling of trademark infringement, the trademark owner or parties involved in the case may request the industrial and commercial administration department at or above the county or city level to review and It is possible to obtain a handling result; if you still have objections to such a decision, you can file an administrative lawsuit with the court for legal relief in accordance with the law; in addition, the industrial and commercial authorities also have the power to exercise self-discretion and take the initiative to severely crack down on suspected trademark infringement; No matter which party is facing trademark infringement, it has the right to file a civil lawsuit directly to the grassroots people's court at the intermediate level or above or in some specific large cities to safeguard its own rights and interests; when the product involved involves the import and export trade of goods, the rights The holder can also submit an application for customs protection of intellectual property rights to the General Administration of Customs, and through this method require customs at all levels to take necessary protective measures in accordance with the law.
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