How long does it usually take for trademark registration to be completed?

Trademark registration generally takes about one or two years. Under normal circumstances, a trademark registration application needs to go through the preliminary review and announcement, as well as all aspects of the issuance of certificates. In total, it takes at least more than a year. So I would like to remind everyone that there is no need to be too anxious. Let’s take a look with the editor of Legal Savior Network.

1. How long does it usually take to complete trademark registration?

One ​​piece 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 in the review process or opposition process will not affect the use.

2. What is the application procedure for registered trademark?

(1) Application agent

Domestic applicants for trademark registration can go directly to the trademark registration agency themselves You can handle the registration application procedures with the Trademark Office, or you can entrust a trademark agency organization to handle it. When foreigners or foreign enterprises apply for registered trademarks and handle other trademark matters in my country, they should entrust a legally established trademark agency organization to act as their agent.

When a party entrusts a trademark agency organization to apply for trademark registration or handle other trademark matters, the party shall submit a power of attorney. The power of attorney shall state the content and authority of the agency; the power of attorney for foreigners or foreign enterprises shall also state the nationality of the principal.

(2) Registration application

When applying for trademark registration for the first time, the applicant shall submit an application form, trademark drawings, supporting documents and pay the application fee. Applicants for drug trademark registration shall attach a drug production enterprise license or drug certificate issued by the health administrative department. A copy of the operating enterprise license, and when applying for trademark registration of tobacco products, should be accompanied by documentation proving production approval by the national tobacco authority.

During the use of the registered trademark, If the scope of use needs to be expanded, no matter whether the goods to be expanded are of the same category as the goods for which the original registered trademark is used, a separate registration application must be filed; if the registered trademark needs to change its logo, a new registration application must be filed; if the registered trademark needs to change the registrant If the name, address or other registration information is changed, an application for change shall be submitted.

Under the first-to-file principle, the determination of the date of application is of great importance. Meaning. The application date is generally based on the date when the Trademark Office receives the application documents. If the applicant enjoys priority, the priority date is the filing date. The Trademark Law stipulates two situations in which priority can be enjoyed:

First, the trademark registration applicant applies for trademark registration with the same trademark in China for the same goods within 6 months from the date when the trademark is first filed for trademark registration in a foreign country. If you apply, you can enjoy the right of priority in accordance with the agreement signed by the foreign country and China or the international treaty that they both participate in, or in accordance with the principle of mutual recognition of priority;

Others 2. If a trademark is used for the first time on a product exhibited at an international exhibition sponsored or recognized by the Chinese government, the applicant for registration of the trademark may enjoy priority within 6 months from the date the product is exhibited.

(3) Review and Approval

The Trademark Office will review the trademark registration applications accepted in accordance with the law. , if the registration application is in compliance with the regulations or the trademark is used on some designated goods, it will be preliminarily reviewed and announced; if the registration application is not in compliance with the regulations or the trademark is used on some designated goods, it will be rejected. Or reject the registration application for the use of a trademark on some designated goods, notify the applicant in writing and explain the reasons. If the trademark registration applicant is dissatisfied with the rejected application, he may apply to the Trademark Review and Adjudication Board for review in accordance with the law. If he is dissatisfied with the review decision, he may apply for review in File an administrative lawsuit within 30 days from the date of notification.

For a preliminary approved trademark, anyone can file an objection within 3 months from the date of announcement. The Trademark Office shall make a ruling on the objection filed in accordance with the law, and the party concerned is not satisfied with the ruling., a review can be initiated in accordance with the law. If the party concerned is dissatisfied with the review ruling, it can initiate a lawsuit in accordance with the law.

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