What is the review and approval of trademark registration
1. For trademarks applied for registration, the Trademark Office shall If the review of the trademark registration application documents is completed within nine months from the date of receipt, and if it complies with the relevant provisions of this Law, a preliminary review and announcement will be made (Article 28 of the Trademark Law of the People's Republic of China).
2. During the review process, the Trademark Office believed that If the contents of the trademark registration application need to be explained or amended, the applicant may be required to make explanations or amendments. If the applicant fails to make explanations or corrections, it will not affect the Trademark Office’s examination decision.
3. Any trademark applied for registration that does not comply with If the relevant provisions of this Law are the same as 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.
4. If two or more trademark registration applicants apply for registration of identical or similar trademarks on the same or similar goods, the trademark that was applied for first shall be preliminarily reviewed and announced; If the application is filed within 10 days, the previously used trademark will be preliminarily reviewed and announced, and other applications will be rejected.Please, no announcement.
5. Application for trademark registration shall not damage the existing trademark of others. prior rights, nor use unfair means to preemptively register a trademark that has been used by others and has certain influence.
6. For trademarks that have been initially approved and announced, they will be Within three months from the date of announcement, if the prior right holder or interested party believes that the provisions of this Law have been violated, or if anyone believes that the provisions of this Law have been violated, they may file an objection with 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 trademark will be announced (Article 33 of the Trademark Law of the People's Republic of China).
7. Article 7. Rejection of application and no announcement For a trademark, the Trademark Office shall notify the trademark registration applicant in writing. If the trademark registration applicant is dissatisfied, he 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 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 can be extended for three months with the approval of the industrial and commercial administration department of the State Council. If the party concerned 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.
8. Raise objections to the trademarks that have been initially approved and announced , the Trademark Office shall listen to the facts and reasons stated by the opponent and the opposed party, and after investigation and verification, make a decision on whether to approve the registration within 12 months from the expiration of the announcement period, and notify the opponent and the opposed party in writing. people. 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 shall issue a Issue a trademark registration certificate and make it public. If the opponent is dissatisfied, he or she may appeal in accordance with Article 44 of this Law., request the Trademark Review and Adjudication Board to declare the registered trademark invalid in accordance with the provisions of Article 45.
The Trademark Office made a decision not to register and was If the opponent is dissatisfied, he 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.
Registered trademarks are exclusive to the registrant. It is also protected by law, and others cannot easily infringe on its trademark rights. Trademark registration requires review and approval. 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.
