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Application method: You can go to the registration hall of the Trademark Office (Beijing) in person to handle it, or you can entrust the trademark ** agency to handle it.
Documents required for application:
1. Trademark drawings are required;
2. The scope of goods or services to be used by the registered trademark;
3. Identification documents: aCompany application: a copy of the company's business license is required; b.For individual applications: a copy of the business license and personal ID card of the individual industrial and commercial household is required.
Application fee: 1,000 yuan official fee to the Trademark Office, and about 700 yuan to the ** agency if it is entrusted to handle it.
Application procedures: 1. Check the trademark first, if there is no same or similar before, you can make the application documents and submit the application;
2. About 10-20 days after the application is submitted, the Trademark Office will issue you a notice of acceptance of the application (this period is called the formal examination stage).
3. After the formal examination is completed, it will enter the substantive examination stage, which will take about one to one and a half years.
4. If the substantive examination is qualified, it will enter the announcement procedure (this period is 3 months, also known as the opposition period);
5. At the expiration of the announcement period, no objection is raised. You can get the registration certificate. I can check it for you for free.
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You can, you can also entrust a company, it is recommended to find a company, what kind of trademark do you want, I can help you check it first to see if it can be registered.
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1. How long does it take for a registered trademark to be approved?
1. It takes 13 months or more for a registered trademark to be approved. According to the national regulations on the examination of registered trademarks, the notice of acceptance of trademark registration is issued in about 1 month, and it is required that the time from the acceptance of the application to the completion of the substantive examination needs to be controlled within 9 months, plus the announcement period of 3 months, plus the connection of the intermediate process, etc., it takes 13 months.
2. Legal basis: Article 22 of the Trademark Law of the People's Republic of China.
The applicant for trademark registration shall fill in the class of goods and the name of the goods using the trademark in accordance with the prescribed commodity classification table, and submit an application for registration.
An applicant for trademark registration can apply for the registration of the same trademark in multiple classes of goods through a single application.
The application for trademark registration and other relevant documents may be submitted in writing or in the form of data messages.
Article 23.
If a registered trademark needs to obtain the exclusive right to use the trademark on goods outside the approved scope of use, a separate application for registration shall be filed.
2. What is the process of applying for a registered trademark?
1. Design the trademark to be registered in advance;
2. Determine the scope of use of the trademark;
3. Check whether the trademark has been registered in advance. Go to the State Administration for Industry and Commerce to check whether the trademark has been registered, if it is registered, it will be submitted after changing the trademark, and the registration application can be submitted without registration;
4. Submit information to the local industrial and commercial bureau. For individual registered trademarks, you need to submit 2 copies of the front and back of your ID card, 6 copies of the design pattern of the trademark, and a trademark registration application form with your signature;
5. Wait for the review of the Trademark Office;
6. Publicity period. After passing the preliminary examination of the Trademark Office, it will enter a three-month publicity period, and anyone who has an objection can file it, and if there is no objection, it can be successfully registered; If there is an opposition, the trademark opposition defense shall be carried out, and the registration can be successfully carried out after the defense is passed;
7. Publication of trademarks. After passing the publicity period, the Trademark Office will issue a document announcing that the trademark is successfully registered, and it can be used, and the trademark will be protected by law.
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Legal analysis: It generally takes 12 months from the application for registration to the approval of registration. If there is an objection from another person, the time required will vary.
Legal basis: Article 28 of the Trademark Law of the People's Republic of China Article 28 For the trademark applied for registration, the Trademark Office shall complete the examination within nine months from the date of receipt of the trademark registration application documents, and if it meets the requirements of this Law, it shall make a preliminary examination and announcement.
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After the application for trademark registration is submitted, the fee shall be paid in a timely manner according to the notice, and the acceptance notice shall be issued in about one month, and the announcement period shall enter the announcement period or rejection in about five months, and the application shall be issued in about one month after the expiration of the announcement period, and the application process shall be completed after receiving the certificate.
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According to the provisions of China's Trademark Law, after receiving the applicant's application for registration, the trademark examination department shall review the trademark within nine months.
Trademark Law of the People's Republic of China
Article 28 The Trademark Office shall, within nine months from the date of receipt of the application for trademark registration, complete the examination of the trademark application documents and make a preliminary examination and announcement if it complies with the relevant provisions of this Law.
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At present, the trademark examination cycle has been greatly shortened, and the time for the issuance of the examination results has reached about 4 months at the earliest, if the examination is passed, it needs to be announced for three months, and if there is no objection during the period, the certificate will be issued in about 1 month. The maximum time is: 4 months + 3 months + 1 month.
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Article 28 of the Trademark Law stipulates that the statutory examination time for trademarks is 9 months.
The specific process and corresponding time are: The registration number and receipt will be issued within 24 hours for trademark registration, the trademark acceptance notice will be issued in about 10-20 days, the preliminary examination announcement will be announced in about 5 months, the registration announcement will be announced in about 8 months, and the trademark certificate will be issued in about 9-10 months.
However, there are also a small number of trademarks that take a long time to review.
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It takes 9-12 months to get the certificate, and it usually takes 3-6 months to know whether the trademark has been rejected.
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It can come down in about 11 months, and there is no normal case of rejection.
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It takes one year and four months for a registered trademark to be approved. It takes about one month from the filing of the application to the acceptance, after which the substantive examination will be carried out for about one year, and there is a three-month announcement period after the review and announcement, and the trademark registration will be completed if no objection is raised during the announcement period. Trademark registration is a prerequisite and condition for a trademark user to obtain the exclusive right to use a trademark, and only a trademark that has been approved for registration can be protected by law, and the principle of trademark registration is the basic criterion for determining the exclusive right to use a trademark.
The Trademark Office shall examine the accepted trademark registration applications in accordance with the relevant provisions of the Trademark Law and these Regulations, and shall make a preliminary examination and announcement if the application for registration of a trademark that meets the requirements or meets the requirements for the use of the trademark on some designated goods; If the application for registration of a trademark that does not comply with the provisions or the use of the trademark on part of the designated goods does not comply with the requirements, the application for registration of the trademark for use on some of the designated goods shall be rejected or rejected, and the applicant shall be notified in writing and the reasons shall be explained.
Legal basis: Article 50 of the Trademark Law of the People's Republic of China.
1) Without the permission of the trademark registrant, the same trademark is used on the same kind of goods;
2) Without the permission of the trademark registrant, the use of a trademark similar to the registered trademark on the same goods, or the use of a trademark identical or similar to the registered trademark on similar goods, which is likely to cause confusion;
3) Selling goods that infringe upon the exclusive right to use a registered trademark;
4) Forging or manufacturing the logo of another person's registered trademark without authorization, or selling the logo of a registered trademark that is forged or manufactured without authorization;
5) Replacing the registered trademark without the consent of the trademark registrant and putting the goods with the replaced trademark on the market;
6) Intentionally facilitating the infringement of others' exclusive right to use a trademark, or helping others to infringe upon the exclusive right to use a trademark;
7) Causing other damage to the exclusive right to use a registered trademark of another person.
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It takes 13 months or more to register a trademark before it can be approved.
The notice of acceptance of trademark registration will be issued in about 1 month. After one month from the date of the trademark registration application, if there are no problems with the submitted trademark registration application documents, the Trademark Office will issue a Notice of Acceptance of the Trademark Registration Application. A substantive examination decision will be made within 9 months.
Within 9 months from the date of the trademark registration application (generally about 9 months), the Trademark Office will make a substantive examination decision on the applied trademark, and if there is no violation of the relevant provisions of the prohibited use of the registered trademark, and there is no prior similar trademark, the applied trademark will enter the preliminary examination and announcement stage.
If no one files an opposition within 3 months, the trademark registration application is successful. Within 3 months of the announcement period of preliminary examination (the date of each month is the date of the announcement of the preliminary examination of the trademark), if no one files an opposition application for the trademark, the trademark will be successfully registered after the announcement period of the preliminary examination, and the Trademark Office will issue the Trademark Registration Certificate.
Legal basis] Trademark Law of the People's Republic of China
Article 7 The application for registration and use of a trademark shall follow the principle of good faith. The trademark user shall be responsible for the quality of the goods in which the trademark is used. The administrative departments for industry and commerce at all levels shall stop the deception of consumers through the management of commercial dust and the destruction of standards.
Article 13 If the holder of a trademark that is well known to the relevant public believes that its rights have been infringed, it may apply for protection of a well-known trademark in accordance with the provisions of this Law. If the trademark applied for registration for the same or similar goods is a copying, imitation or translation of a well-known trademark that has not been registered in China by another person, and is likely to cause confusion, it will not be registered and its use is prohibited. If a trademark applied for registration for non-identical or dissimilar goods is a copy, imitation or translation of a well-known trademark already registered in China by another person, misleading the public and causing possible damage to the interests of the registrant of the well-known trademark, it shall not be registered and its use shall be prohibited.
Article 15 Without authorization, the person or representative registers the trademark of the person or the representative in his own name, and if the person or the representative raises an objection, it shall not be registered and the use shall be prohibited. Where a trademark for the same kind of goods or similar goods is identical or similar to an unregistered trademark previously used by another person, and the applicant has a contract, business relationship or other relationship with such person other than that provided for in the preceding paragraph, and clearly knows that the trademark of the other person exists, and the other party raises an objection, the registration shall not be granted.
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Under normal circumstances, it takes 13 months for a registered trademark to be approved and approved. The procedure is to issue a notice of acceptance of trademark registration in about one month; Make a decision on substantive examination within 9 months; If there is no violation of the relevant provisions of the prohibition of the use or registration of the trademark, and there is no prior similar trademark, the application for the trademark will enter the preliminary examination and announcement stage, and the announcement period is three months, if no one files an objection to the successful application for trademark registration.
Article 22 of the Trademark Law of the People's Republic of China The applicant for trademark registration shall fill in the category and name of the goods using the trademark in accordance with the prescribed commodity classification table, and submit an application for registration. Article 28 of the Trademark Law of the People's Republic of China The Trademark Office shall complete the examination of a trademark applied for registration within nine months from the date of receipt of the application for trademark registration. Article 3 of the Trademark Law of the People's Republic of China A trademark approved and registered by the Trademark Office of the Township Bureau is a registered trademark, including a commodity trademark, a service trademark, a collective trademark and a certification trademark; The trademark registrant enjoys the exclusive right to use the trademark and is protected by law.
For the purposes of this Law, the term "collective trademark" refers to a sign registered in the name of a group, association or other organization for the members of the organization to use in commercial activities to indicate the user's membership in the organization.
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If you want to register a trademark, you should check the China Trademark Network to see if your trademark has been registered. >>>More
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