What is the difference between a trademark preliminary examination announcement and a trademark regi

The purpose of a registered trademark and a patent application is similar, both are for the protection of their own intellectual property rights, and the trademark application has two statuses, one is the trademark preliminary examination announcement, and the other is the trademark registration announcement, in fact, there is a clear difference between the two. The preliminary examination announcement of the trademark means that the preliminary examination has passed, but if someone raises an objection within three months, the registration of the trademark may still be ineffective, but the trademark registration announcement is to prove that the application process of the trademark has been completely completed, as long as you wait for the issuance of the trademark registration certificate, which indicates that our trademark is fully registered.

1. Benefits and functions of trademark registration After the trademark is registered, the trademark registrant has the exclusive right to use the trademark, and after the trademark registration is completed, if there are other enterprises or individuals who use the same trademark or similar trademark, it is an infringement, and we can be held responsible, which has a certain protection function to a certain extent. However, if you do not apply for trademark registration, then there is no certain protection when using the trademark, and you need to worry about whether there is a conflict with the trademark applied for by others, so to a certain extent, it is still beneficial to register a trademark.

2. The difference between the preliminary examination announcement of the trademark and the announcement of the registration of the trademark Some people will have certain misunderstandings in the trademark registration process. Some people think that as long as the trademark I applied for has been successfully registered after the preliminary examination announcement of the trademark, in fact, it is not, there is still a three-month opposition period after the publication of the preliminary examination of the trademark, and if there are other people who oppose it and think that it is the same or similar to their own trademark, they will apply for rejection. However, the trademark registration announcement is different, as long as the trademark registration announcement is issued, it proves that the trademark has been successfully registered, and we can wait for the issuance of the trademark registration certificate, and we can also raise objections if someone uses the same or similar.

For the trademark applied for registration, the Trademark Office, after examination, finds that it complies with the relevant provisions of the Trademark Law, and preliminarily examines and publishes a public announcement, which is also a notice to the trademark applicant. That is to say, the trademark applicant has not yet obtained the exclusive right to use the trademark, and only if no proposal is made during the announcement period or the proposal is ruled that it is not established, the trademark will be approved for registration by the Trademark Office.

The announcement of the preliminary examination of the trademark is the announcement issued by the Trademark Office after the preliminary examination, and the announcement issued at this time is not successfully registered, and the trademark can only be registered when no other person raises an objection. The trademark registration announcement is a three-month period in which no objection is raised or the objection raised by someone is not supported by the Trademark Office, so that the trademark registration is completed through the examination of the trademark. The timing of the announcement of the two is not the same, and the status of the trademark rights represented is completely different.

The application process between the two is different, and the procedures required are also different, the intermediate precautions are different, the general trademark registration announcement is more rigorous, and the application procedure is more complicated.

First of all, it is necessary to conduct a simple review, and only after passing the examination can there be a trademark, and it is necessary to understand whether it is qualified to register a trademark in this regard, and the latter is a simple announcement after the registration, which can also play a certain role.

The preliminary examination announcement of the trademark is the announcement made at the time of the preliminary approval of the trademark registration after the substantive examination of the Trademark Office, and there is a three-month opposition period after the announcement, at which time the trademark is not fully registered, because the trademark registration is completed only after no objection is raised through the three-month opposition announcement.

Legal basis: Article 28 of the Trademark Law provides that the Trademark Office shall complete the examination of a trademark applied for registration within nine months from the date of receipt of the trademark registration application documents, and shall make a preliminary examination and announcement in accordance with the provisions of this Law.

Article 33 Within three months from the date of announcement, the prior right holder and interested party may file an objection with the Trademark Office if they believe that the trademark has been preliminarily approved and announced by Heng Baohui.

1. What is the meaning of the announcement of the preliminary examination of the trademark?

1. The announcement of the preliminary examination of the trademark is the announcement made when the trademark registration is preliminarily approved after the substantive examination of the Trademark Office, and there is a three-month opposition period after the announcement, at which time the trademark is not fully registered, because the trademark registration is completed only after no objection is raised through the three-month opposition announcement.

2. Legal basis: Article 28 of the Trademark Law of the People's Republic of China.

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 complies with the relevant provisions of this Law, it shall make a preliminary examination and announcement.

2. What should I do if the trademark is declared invalid?

When the Trademark Office makes a decision to declare a registered trademark invalid, it shall notify the parties concerned in writing. If the party concerned is not satisfied with the decision of the Trademark Office, it may apply to the Trademark Review and Adjudication Board for review within 15 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 parties in writing.

If there are special circumstances that need to be extended, it can be extended for three months with the approval of the administrative department for industry and commerce.

If a party is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the people's court within 30 days from the date of receipt of the notice. If another entity or individual requests the Trademark Review and Adjudication Board to declare the registered trademark invalid, the Trademark Review and Adjudication Board shall, after receiving the application, notify the relevant parties in writing and submit a reply within a time limit.

The Trademark Review and Adjudication Board shall, within nine months from the date of receipt of the application, make a ruling to maintain the registered trademark or declare the registered trademark invalid, and notify the parties concerned in writing. If there are special circumstances that need to be extended, it can be extended for three months with the approval of the administrative department for industry and commerce. If a party is not satisfied with the ruling of the Trademark Review and Adjudication Board, it may file a lawsuit with the people's court within 30 days from the date of receipt of the notice.

The people's court shall notify the opposing party to the trademark adjudication procedure to participate in the litigation as a third party.

Legal analysis: The trademark in the preliminary examination announcement period can be authorized to be used, but there is a certain risk, if the trademark is opposed and finally refused, the trademark you use may be suspected of infringing the trademark rights of others.

The law is based on: "Bidding and Bidding Law of the People's Republic of China".

Article 1 This Law is formulated in order to regulate bidding and bidding activities, protect national interests, social public interests and the legitimate rights and interests of parties involved in bidding and bidding activities, improve economic efficiency, and ensure the quality of projects.

Article 2 This Law shall apply to bidding and bidding activities within the territory of the People's Republic of China.

Article 3 In the territory of the People's Republic of China, the following engineering construction projects including the survey, design, construction, supervision and procurement of key equipment and materials related to the construction of the project must be tendered

1) Large-scale infrastructure, public utilities and other projects related to the public interest and public safety;

2) Projects that use all or part of state-owned funds for investment or state financing;

3) Projects that use loans and aid funds from international organizations or foreign countries.

The specific scope and scale standards of the projects listed in the preceding paragraph shall be formulated by the development planning department in conjunction with the relevant departments and submitted for approval.

If the law or the scope of other projects that must be tendered have provisions, follow those provisions.

Trademark Preliminary Examination Announcement:

The announcement of the preliminary examination of the trademark (3 months) means that the trademark registration application is approved if the application for trademark registration complies with the relevant provisions of the Trademark Law after examination. and make an announcement in the Trademark Gazette.

After the announcement of the preliminary examination, it does not mean that the trademark registration is successful! Within the three-month opposition period, anyone can file an opposition to the registration of a trademark. If the Trademark Office accepts the opposition, it may reject the appeal or directly reject it.

Trademark Registration Notice:

Trademark registration announcement means that if no objection is raised within the three-month announcement period for a preliminarily approved and published trademark, or if an objection is raised but the grounds for opposition are not established, the State Trademark Office will announce the decision to grant registration in the Trademark Gazette and issue a Trademark Registration Certificate to the registrant. After obtaining the Trademark Registration Certificate, the trademark registrant can officially enjoy the exclusive right to use the trademark from the date of approval of the Trademark Registration Certificate.

The difference between the preliminary examination announcement of a trademark and the announcement of a trademark registration:

The difference between the announcement of the preliminary reply to the trademark and the announcement of the trademark registration is that the time points of the two are different, and the status of the trademark rights represented by them is different. The main significance of the preliminary examination announcement of the trademark is to disclose the content of the application and to subject the examination activities of the Trademark Office to public supervision. It can also enable the prior right holder or interested party to raise a proposal for different clearances and burials during this period, safeguard their legitimate rights and interests, and make the examination and registration of trademarks fair and just.

For the trademark applied for registration, the Trademark Office, after examination, considers that it complies with the relevant provisions of the Trademark Law, and preliminarily examines and publishes a public announcement. The trademark announced in the preliminary examination and approval is not equivalent to the approval of registration, that is to say, the trademark applicant has not obtained the exclusive right to use the trademark, and the trademark will be approved for registration only if no proposal is made during the announcement period or the proposal is ruled not to be established, and the Trademark Office publishes a registration announcement to change the registration.

The difference is that the time of the preliminary examination announcement of the trademark and the announcement of the registration of the trademark are different, and the status of the trademark rights represented is different. The preliminary examination announcement of the trademark is the announcement made when the trademark registration is preliminarily approved after the substantive examination of the Trademark Office, and there is a three-month opposition period after the announcement, at which time the trademark is not fully registered, because the trademark registration is completed only after no objection is raised through the three-month opposition announcement.

The announcement of trademark registration is made after the end of the three-month opposition period, when no objection is raised, or someone raises an objection, but the other party's opposition is not supported by the Trademark Office, so that the Trademark Office has passed the examination of the original trademark and represents that the trademark has been successfully registered. In order to strengthen communication with the public, facilitate the public to consult the Trademark Announcement, and further improve the transparency and accuracy of trademark rights confirmation, the Trademark Office of the State Administration for Industry and Commerce began to publish the Trademark Bulletin on the "China Trademark Network" while continuing to publish the paper Trademark Announcement.

China Trademark Network "publishes the latest 12 issues of the Trademark Bulletin on a rolling basis, including all the preliminarily approved trademarks within the three-month opposition period, as well as the announcement information of trademark registration, renewal, change, transfer, cancellation, cancellation, opposition, review, filing and service of trademark license contracts. The public can access the Internet at any time to keep abreast of and supervise the registration of trademarks. According to Article 30 of the Trademark Law, anyone may file an opposition to a preliminarily approved trademark within three months from the date of publication.

For the trademark preliminarily approved and announced within the three-month opposition period, any person can directly file an opposition application with the Trademark Office of the State Administration for Industry and Commerce, or entrust a nationally recognized trademark ** agency to handle the opposition application. The main functions of a trademark announcement are: to publish the announcement items that should be published under the Trademark Law, so as to produce legal effect; It is conducive to the protection of the exclusive right to use a trademark that has been registered earlier; Placing trademark registration under social supervision is conducive to ensuring the quality of trademark registration; It is convenient for the applicant to check whether the trademark to be registered is the same or similar to the trademark of others that has been registered or preliminarily approved and announced before the application, so as to avoid the rejection of the application.

At present, the "Trademark Bulletin" is published four times a month, and each issue is divided into two volumes. The main contents of a trademark announcement include: preliminary approval of the trademark announcement, registered trademark announcement, renewal of the registered trademark, transfer of the registered trademark, change of the registered trademark, cancellation of the registered trademark, trademark license contract filing announcement, and other announcements and notices that the Trademark Office deems necessary to be published.

The Trademark Office of the State Administration for Industry and Commerce provides the best browsing of the "Trademark Bulletin", and you can read the announcement in a timely manner. That's all for the lawyer to answer your questions.

What is the difference between the preliminary examination announcement and the registration announcement after the trademark registration application is submitted with a false match? The time of the two announcements is different, and the status of trademark rights represented by the preliminary examination announcement and the registration announcement is different; The preliminary examination announcement of the trademark is the announcement made when the trademark registration is preliminarily approved after the substantive examination of the Trademark Office, and there is a three-month opposition period after the announcement, at which time the trademark is not fully registered, because the trademark registration is completed only after no objection is raised through the three-month opposition announcement. Trademark Registration Notice:

After the end of the three-month opposition period, no objection has been raised, or someone has raised an objection, but the other party's opposition reasons have not been supported by the Trademark Office, so that the Trademark Office has passed the examination of the original trademark and represents that the trademark has been successfully registered. That is to say, the preliminary examination announcement of the trademark indicates that the trademark may not be successfully registered, and if there is no opposition, it will enter the trademark registration announcement, and if there is a trademark registration announcement, it means that the trademark has been successfully registered, and the trademark registration certificate is waiting. If you have a certain understanding of trademark announcements, then you can see that there are many divisions in trademark announcements, among which there are trademark registration announcements; Trademark Announcement, Trademark Preliminary Examination.