How long does it take to use a trademark after it is registered?

It takes about two and a half to three years to register a trademark and can be published in the first instance. According to Article 39 of the Trademark Law and Judicial Interpretations, where a registered trademark is transferred, the assignor and the assignee shall sign an assignment agreement and jointly file an application with the Trademark Office. The assignee shall guarantee the quality of the goods using the registered trademark.

After the transfer of the registered trademark is approved, it shall be announced. The assignee shall have the exclusive right to use the trademark from the date of publication. Article 25 of the Regulations for the Implementation of the Trademark Law of the People's Republic of China Where a registered trademark is transferred, the assignor and the assignee shall submit an application for transfer of the registered trademark to the Trademark Office.

The application for the transfer of a registered trademark shall be handled by the assignee. After the Trademark Office approves the application for the transfer of a registered trademark, it will issue the corresponding certificate to the assignee and make a public announcement. If a registered trademark is transferred, the trademark registrant shall transfer the same or similar trademark registered on the same or similar goods; If it is not transferred together, the Trademark Office shall notify it to make corrections within a time limit; If the application for transfer of the registered trademark is not made after the expiration of the time limit, it shall be deemed to have abandoned the application for transfer of the registered trademark, and the Trademark Office shall notify the applicant in writing.

The Trademark Office shall not approve an application for the transfer of a registered trademark that may cause misunderstanding, confusion or other adverse effects, and shall notify the applicant in writing and explain the reasons. Article 26 Where the exclusive right to use a registered trademark is transferred for reasons other than the transfer, the party accepting the transfer of the exclusive right to use the registered trademark shall go through the formalities for the transfer of the exclusive right to use the registered trademark with the Trademark Office with the relevant supporting documents or legal documents. Where the exclusive right to use a registered trademark is transferred, the same or similar trademark registered by the owner of the exclusive right to use the registered trademark on the same or similar goods shall be transferred together; if it is not transferred together, the Trademark Office shall notify it to make corrections within a time limit; If the application for transfer of the registered trademark is not made within the time limit, it shall be deemed to have abandoned the application for the transfer of the registered trademark, and the Trademark Office shall notify the applicant in writing.

After you have completed all the formalities, you can register the transfer on the same day, and you can use it after registering the transfer.

After the trademark is registered, you can use it after receiving the acceptance notice issued by the Trademark Office, you can mark TM, if the Trademark Office does not issue a rejection document or no one raises an objection within one and a half or two years, you will continue to use, when the trademark is about to be registered, you will first get a notice letter from the State Trademark Office, and then wait for about three or four months to receive the registration certificate. When the registration certificate is received, the trademark is truly registered, and it can be called. Now the specific time of the processing time is not, if you submit the registration for about a month will receive the notice of acceptance, generally we help others to register 18 classes more points, according to the current situation 18 classes will take about three and a half or even four years to receive the registration certificate, so you can submit the registration after receiving the notice of acceptance first.

Because the State Trademark Office now receives thousands of trademark applications every day, and the Trademark Office has limited personnel, can not be processed in a timely manner, a trademark from the application to get the registration certificate generally takes about two years, some applicants ask whether it can be accelerated, generally can't, but like the Olympic Games logo can be accelerated, it took nearly a year to approve the registration, if it is now it may be longer, let alone ordinary trademarks. After the trademark application, before obtaining the registration certificate, the Trademark Office will issue a "Notice of Acceptance of Trademark Registration Application", with this document, the general applicant can properly use this trademark and cope with the inspection of the industrial and commercial department. However, this "Notice of Acceptance of Trademark Registration Application" also takes a certain amount of time, so far (November 2008) the Trademark Office issued this document for about a month, and this time will change with the progress of the Trademark Office's work.

Trademark registration can be used after getting the notice of acceptance. It's just not protected by trademark law. After obtaining the trademark registration certificate issued by the Trademark Office, you can mark the trademark with "R" or "registered trademark", and you have the exclusive right to prohibit others from using the same or similar trademark in the same industry.

The review of trademark registration application is fast and slow, so the specific time cannot be determined, and the specific time can be referred to the trademark registration status.

The trademark can be used after registration; The Trademark Law does not mandate that all trademarks must be registered before they can be used, and can only be used after trademarks for pharmaceuticals and tobacco goods need to be registered. After the trademark application is registered, it is generally two to three months to get the notice of acceptance, and then it can be marked with "TM" for use. It takes about two and a half years to get the trademark registration certificate, and then you can mark "R" or "Note" to use it, and you have the exclusive right to use it for 10 years, and you can renew it after 10 years and continue to use it.

1. What are the trademark registration materials?

1. If you apply in the name of the company, you need to provide a copy of the copy of the business license, and if you apply in the name of an individual, you need to provide a copy of the business license.

Provide a copy of the business license and ID card of the self-employed person.

2. 6 trademark drawings. For color trademarks of specified colors, 5 coloring drawings and 1 black and white ink manuscript should be submitted. The logo must be clear, easy to paste, with smooth and durable paper or replaced with **, the length and width of not more than 10 cm, not less than 5 cm (about the size of a business card).

If the direction of the pattern of the commercial group is unclear, the arrow should be used to indicate the upper and lower levels. To apply for a trademark for cigarettes and cigars, the design can be as large as the actual use.

3. Application for trademark registration.

4. Power of attorney (if you entrust an agency to register).

5. Determine the category of goods or services and the specific goods or services of the company.

2. What are the preparations for the application?

To apply for the provision of trademark registration certificate, the following documents shall be submitted:

1. Provide one registration certificate of registered trademark for each application, and submit one application for providing trademark registration certificate;

2. If you go directly to the trademark registration hall, submit a copy of the applicant's business license and stamped with the official seal of the unit, a copy of the "Trademark Registration Certificate" and a copy of the ID card of the operator; If the trademark ** agency is entrusted, the trademark ** power of attorney shall be submitted.

Note: The application for a certificate of international registration should be preceded by the international registration number with a "g" and indicate the category in which the application was issued.

If the trademark is entrusted to the trademark agency, the applicant shall pay the trademark registration certificate fee and the trademark registration certificate fee to the trademark agency, and the trademark registration certificate fee collected by the Trademark Office shall be deducted from the advance payment of the trademark agency.

1. How long does it take to use the trademark application?

After the trademark application, the trademark management department shall complete the examination within 9 months, and if there is no reason for rejection after the examination, it will make an announcement, and if there is no objection within 3 months of the announcement, the trademark right shall be granted to the trademark owner, and the trademark owner can use the trademark.

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.

Article 33 Within three months from the date of publication, the prior right holder or interested party may file an objection with the Trademark Office if it believes that it violates the provisions of Paragraphs 2 and 3 of Article 13, Paragraphs 2 and 3 of Article 15, Paragraph 1 of Article 16, Article 30, Article 31 and Article 32 of this Law, or any person who believes that it violates the provisions of Articles 4, 10, 11, 12 or 4 of 19 of this Law. If there is no objection at the expiration of the announcement period, the registration shall be approved, the trademark registration certificate shall be issued, and the announcement shall be made.

The term of use of a registered trademark is 10 years. According to the relevant legal provisions, a registered trademark is valid for ten years. If the owner needs to continue to use the registered trademark after the expiration of the validity period, it shall go through the renewal procedures in accordance with the law within 12 months before the expiration of the protection period of the registered trademark.

If it fails to do so within this period, a grace period of six months may be granted. After the trademark application, the trademark administration department shall complete the examination within 9 months, and if no reason for rejection is found after the examination, it will make an announcement, and if there is no objection within 3 months of the announcement, the trademark right shall be granted, and the trademark owner can use the trademark. The trademark to be applied for registration shall have distinctive features, be easy to identify, and shall not conflict with the prior legal rights of others.

Legal basis. Article 8 of the Trademark Law of the People's Republic of China Any sign that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, as well as a combination of the above elements, may be applied for registration as a trademark.

After the trademark application is registered, you can generally get the "Notice of Acceptance" from the Trademark Office within one month, and then mark "TM"."It's ready to go. If there is no problem with the application process, it will take about 1 year to get the trademark registration certificate, and then mark "R"."It can be used and has a 10-year exclusive right. It can be renewed after the expiration of 10 years, and can be used for another 10 years after renewal, and can be renewed forever.

As a major component of intellectual property, trademarks naturally have the basic characteristics of intellectual property, such as intangibility, territoriality, exclusivity and temporality. Of course, the condition is that these characteristics can only be possessed in the case of trademark rights, and the trademark rights are all the rights of the trademark registrant, which is guaranteed by laws and regulations, and there are clear rules in Article 3 of the Trademark Law: Article 3 A trademark approved and registered by the Trademark Office 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, which is protected by laws and regulations.

In China, after the trademark is registered, there is a maintenance period of 10 years, and after 10 years, if you still want to use the trademark, you have to renew it. In China, the validity period of a trademark is 10 years, which is expressly stipulated in Article 39 of the Trademark Law: The validity period of a registered trademark is 10 years for slow ignition, which is calculated from the date of approval of registration. In some foreign places, some trademark registration maintenance period is 20 years, some are 7 years, but most of them are 10 years, which is the temporality of the trademark, if it expires and is not renewed, the trademark will be invalid.

Legal basis.

Article 23 of the Trademark Law: The validity period of a registered trademark shall be ten years, calculated from the date of approval of registration.

Article 24: If a registered trademark expires and needs to continue to be used, it shall apply for renewal of registration within six months before the expiration of the period, and if the application is not filed within this period, a six-month grace period may be granted.