What is the procedure for trademark registration in Beijing?

The Trademark registration process in Beijing is to first conduct a trademark search, such as checking whether the trademark is similar to the trademarks of other companies, and also analyze the success rate of trademark registration, and then submit application materials to the local industrial and commercial administration department, which will conduct After the preliminary review, the preliminary review announcement will be made, and the final step is to issue a trademark registration certificate. Regarding the question of what is the procedure for trademark registration in Beijing, the editor of Legal Savior Network will answer it in detail for you below.

1. What is the procedure for trademark registration in Beijing?

1. Inquiry: The first step in the trademark registration process in Beijing is the trademark inquiry. The query step is not to query a result, but to analyze and summarize the results. In addition to excluding identical trademarks or similar trademarks, the registration success rate of the trademark must also be analyzed.

2. Application: The second step in the Beijing trademark registration process is to submit a trademark registration application. All the applicant needs to do is fill in the application form, submit the trademark pattern and name, and submit relevant documents.

3. Review: The third step in the trademark registration process in Beijing is the review stage. The stage from the receipt of the application by the Trademark Office to the acceptance of examination and announcement is the examination stage. This stage is also divided into formal examination and substantive examination. The first is the formal review stage, which includes review of the application documents (whether the documents are complete, whether the filling is standardized, and whether signatures/seals are missing), review of the trademark drawing specifications, clear procedures and necessary instructions, and classification review (of the reported goods/services). project review). Then comes the substantive examination. The substantive examination is a series of examinations conducted by the Trademark Office to determine whether the trademark registration application complies with the provisions of the Trademark Law, including data retrieval, analysis and comparison, investigation and research, and a decision to grant preliminary approval or reject the application.

4. Announcement: The fourth step of the trademark registration process in Beijing is the announcement stage.

5. Obtaining the certificate: The last step in the Beijing trademark registration process is to obtain the certificate.

2. What are the requirements for review and approval of trademark registration?

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Legal basis: "Trademark Law of the People's Republic of China"

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 29: During the examination process, if the Trademark Office believes that the contents of the trademark registration application need to be explained or amended, it may require the applicant to make explanations or amendments. . If the applicant fails to make explanations or corrections, it will not affect the Trademark Office’s examination decision.

Article 30: Any trademark applied for registration that does not comply with this If it complies with the relevant provisions of the law or is identical or similar to a trademark that has been registered or preliminarily approved by others on the same or similar goods, the Trademark Office will reject the application and will not make an announcement.

Article 31 If two or more applicants for trademark registration apply for registration of the same or similar trademark on the same or similar goods, the trademark that was applied for first shall be preliminarily reviewed and announced; If the application is made on the same day, the previously used trademark will be initially reviewed and announced, and other applications will be rejected and will not be announced.

Article 32 Application for Trademark Registration You shall not damage the existing prior rights of others, nor use unfair means to preemptively register a trademark that has been used by others and has a certain influence.

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 paragraphs 2 and 3 of Article 13, Article 15, and Article 16 of this Law. Paragraph 1, Article 30, Article 31, and Article 32, or any person believes that Article 4, Article 10, Article 11, Article 12, Article 10 of this Law has been violated Article 9, paragraph 4, may raise objections to 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 For a trademark that rejects the application or refuses to be announced, the Trademark Office shall notify the trademark registration applicant in writing. If the trademark registration applicant is dissatisfied, he may file a complaint with the Trademark Review and Adjudication Board within fifteen days from the date of receipt of the notice. Apply for reexamination. 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 may be extended for three months with the approval of the industrial and commercial administration department of the State Council. The parties concerned If you are dissatisfied with the decision of the Trademark Review and Adjudication Board, you may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice.

Article 35: Preliminary review If an objection is raised against a published trademark, the Trademark Office shall hear the objection and the objectionThe proposer shall state the facts and reasons, and after investigation and verification, make a decision on whether to approve registration within 12 months from the expiration of the announcement period, and notify the opponent and the objected 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.

If the Trademark Office makes a decision to approve registration, it will issue a trademark registration certificate and make an announcement. If the opponent is dissatisfied, he may request the Trademark Review and Adjudication Board to declare the registered trademark invalid in accordance with the provisions of Articles 44 and 45 of this Law.

If the Trademark Office makes a decision not to register and the opponent is dissatisfied, he or she 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 review decision within twelve months from the date of receipt of the application, and notify the opponent and the opposed party 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. If the opposed party 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. The people's court shall notify the opponent to participate in the litigation as a third party.

In the process of reexamination by the Trademark Review and Adjudication Board in accordance with the provisions of the preceding paragraph, the determination of the prior rights involved must be based on the fact that the People's Court is currently hearing it or the administrative agency is handling it. The review may be suspended based on the outcome of another case. After the reasons for the suspension are eliminated, the review process should be resumed.

If the applicant does not file a lawsuit in the People's Court based on the reexamination decision issued by the applicant, the decision to reject the application, the decision not to grant the registration, or the reexamination decision shall take effect.

For a trademark that is approved for registration after examination and objection is not established, the time for the trademark registration applicant to obtain the exclusive right to trademark shall be calculated from the expiration of the three-month period from the preliminary approval announcement. . From the expiration of the trademark announcement period until the decision to approve registration is made, there will be no retroactive effect on others' use of signs that are identical or similar to the trademark on the same or similar goods; however, due to the bad faith of the user Any losses caused to the trademark registrant shall be compensated.

Article 37: Applications for trademark registration and trademark review shall be reviewed in a timely manner.

Article 38 If a trademark registration applicant or registrant discovers that there are obvious errors in the trademark application documents or registration documents, they may apply for correction. The Trademark Office shall make corrections within the scope of its powers in accordance with the law and notify the parties concerned.

The correction errors referred to in the preceding paragraph do not involve the substantive content of the trademark application documents or registration documents.

The procedures for trademark registration are the same everywhere. After the industrial and commercial administrative department receives the application, the review time for the trademark registration application is generally 9 months. The administrative department will make a preliminary announcement only if it believes that the conditions are met. During the preliminary announcement period, other persons can raise objections. If no one raises an objection, a trademark registration certificate will be issued after expiration. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.