1. Who will handle the trademark registration review?
(1 ), shall be examined by the Trademark Office of the State Administration for Industry and Commerce.
(2) Preliminary examination and acceptance
(1) The Trademark Office receives the application After the applicant submits the application and materials, a preliminary review (formal review) will be conducted in accordance with legal provisions to review whether the applicant's application is valid and qualified to accept the application, and then decide whether to accept the application.
(2) Substantive examination
Substantive examination is the process by which the trademark administration authority determines the application for registration. Review whether the trademark meets the conditions for registration. The content of the review includes the following aspects:
1. Whether the trademark is distinctive.
2. Whether the trademarks are identical or similar.
3. Whether the trademark violates the prohibition clause.
4. Whether there are other prior applicants for the trademark. If two or more applicants apply for registration of the same or similar trademark on the same or similar goods on the same day, and their application materials all comply with relevant regulations, the Trademark Office will notify each applicant or Its agency will issue a certificate of use notice. The applicant should provide proof of trademark use within 30 days, and the one with the earliest use shall be deemed as the first to apply.
Legal basis: According to Article 28 of the "Trademark Law of the People's Republic of China", the Trademark Office needs to apply for registration no later than the date on which the applicant submits the registration application. The submitted information will be reviewed within nine months and the trademark registration will be completed.
2. What is the application procedure for trademark registration?1. Registration preparation
Choose a registration method
One way to register is to register a trademark with the State Administration for Industry and Commerce yourself Apply for registration with the Trademark Office; another way to register is to entrust an experienced trademark agency to organize agency services.
2. Prepare information
Prepare 5 trademark drawings (color trademarks in designated colors, 5 colored drawings and 1 black and white ink drawing should be submitted), the length and width should not be greater than 10 cm and not less than 5 cm. If the direction of the trademark pattern is unclear, arrows should be used to indicate the upper and lower parts; if the application is made by an individual, an ID card must be presented And submit a copy plus a copy of the individual business license and the business scope is consistent with the registered trademark; if it is an enterprise application, present a copy of the enterprise's "Business License" and submit a copy; a trademark registration application form with the official seal of the unit.
3. Start applying
4. Submit an application according to the classification of goods and services
Goods and services are divided into 45 categories, including 34 categories of goods and 11 categories of services. When applying for registration, the category of goods or services for which the trademark is used should be determined according to the classification of the goods and services classification table; if the same applicant uses the same trademark on different categories of goods, he should file a registration application according to different categories.
5. Determination of the filing date
This is the most important point: because Chinese trademarks Registration follows the first-to-file principle. Once you have a trademark dispute with another company, the company with the first filing date will be protected by law. Therefore, it is very important to establish the filing date. The filing date shall be the date when the Trademark Office receives the application.
The next step is the three procedures of trademark review, preliminary review announcement, and registration announcement. It should be emphasized that a trademark that has passed the preliminary review by the Trademark Office can be registered only if no one raises objections three months after the announcement. The trademark is protected by law. The validity period of a registered trademark is ten years, calculated from the date of approval of registration. If the validity period expires and you need to continue to use it, you can apply for trademark renewal registration.
6. Receive the trademark registration certificate
After the trademark is registered, the Trademark Office issues a certificate to the registrant.
If the agent sends the "Trademark Registration Certificate" to the registrant through an agency organization; if the registration is done directly, the registrant should receive the "Trademark Registration Certificate" Go to the Trademark Office to get the certificate within three months after receiving the "Notice of Certificate". At the same time, you should also bring: a letter of introduction for obtaining the trademark registration certificate, the ID card of the licensee and its copy, the original copy of the business license and a copy with the seal of the local industrial and commercial department. If the name of the trademark registrant changes, a certificate of change issued by the industrial and commercial department must be attached.
Note: It usually takes about one to three and a half years from application to issuance of a newly applied trademark, of which application acceptance and formal review take about one month. , the substantive review takes about 24 to 30 months, the objection period is three months, and the approval announcement to the issuance of the certificate takes about 2 months.
7. Instructions for trademark registration application
Natural persons, legal persons or other organizations for their production, If the goods manufactured, processed, selected or distributed or the services provided need to obtain the exclusive right to use a trademark, an application for trademark registration shall be submitted to the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) in accordance with the law. In the narrow sense, trademark registration applications only refer to goods and service trademark registration applications, international trademark registration applications, certification trademark registration applications, collective trademark registration applications, and special sign registration applications. In addition to the content of trademark registration applications in the narrow sense, trademark registration applications in the broad sense also include applications for change, renewal, transfer registration, objection applications, trademark license contract filing applications, and the handling of other trademark registration matters.
Based on what is said above, trademark registration needs to be reviewed successfully before trademark registration can be processed. Generally, the review is carried out by the Trademark Office of the State Administration of Administration. Processing, and the review time is generally about three to four months, so you can consult more relevant departments when processing. The faster you process, the faster your trademark can be successfully registered. 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.
