-
Preamble: A trademark is an intangible asset of a product or service, and when applying for a trademark, there will be a preliminary examination announcement of the trademark and a registration announcement of the trademark, so what are the differences between these two announcements? Let's take a look! <>
1. The difference between the preliminary examination announcement of a trademark and the announcement of trademark registration The preliminary examination announcement of a trademark and the registration announcement of a trademark are not only issued at different times, but also have different ownership of the trademarks they represent. The preliminary examination announcement of a trademark refers to the publication of a trademark that has passed the examination after the Trademark Office conducts a formal and substantive examination of the trademark after the application for registration of the trademark is submitted. It should be noted that the trademark at this time is not successfully registered, and the Trademark Office will only be declared successful after the announcement of the preliminary examination of the trademark after the preliminary examination of the trademark, and if no one raises an objection during the three-month examination period, or if the objection is not established, the registration will be declared successful.
The registration announcement of the trademark indicates that the trademark has been successfully registered and the applicant already has the relevant rights of the trademark. In addition, the trademark that has passed the trademark registration announcement has passed the three-month opposition period, so the time of the trademark registration announcement is generally later than the trademark preliminary examination announcement. <>
Second, the trademark registration process first requires enterprises or individuals to prepare the corresponding materials, and then to the local trademark office for trademark application business, after submitting the materials, the Trademark Office will submit the materials for formal examination and substantive examination, through the vehicle examination of the trademark for a certain period of time of the announcement period, if in this announcement period, no one raises an objection, or the objection is not established, then the trademark registration is successful. <>
3. The benefits of a registered trademark The trademark can indicate the quality of a product or service, so it can distinguish the difference between the product and other products in the same industry to a certain extent, so as to facilitate consumers to distinguish. At the same time, the products with registered trademarks can ensure a certain quality, because the products that have been registered with the trademark are not only protected by the law, but also supervised by the law. Trademarks also have a certain publicity function.
-
There is a big difference between the two. The announcement of the preliminary examination of the trademark is the announcement made by the Trademark Office after the substantive examination, and it does not mean that the trademark registration is successful. The trademark registration announcement is after the end of the opposition period after the preliminary examination announcement, and no one raises an objection, at this time the Trademark Office has passed the examination of the original trademark, which means that the trademark has been successfully registered.
-
There is a three-month opposition period for the preliminary examination and approval of the trademark, and anyone can file an opposition to the trademark, and if the trademark is not opposed after the opposition period, the registration announcement will be issued.
-
The time is completely different, generally the preliminary examination is directly conducted by the Trademark Office, and then after the preliminary examination is completed, there will be a corresponding announcement, at this time the trademark can not be fully used, but the announcement of trademark registration generally needs to wait for three months.
-
The difference between the two is that the published results are different, the examination process for the trademark is also different, the examination results for the trademark are also different, the processing process for the trademark will be different, and the meaning of the representation is also different.
-
There is a big difference, the registration method between the two is different, and the content of the announcement is different, and there will be different ways and methods, the specific review steps are also different, and there are also different registration methods.
-
The difference between the two is that the concepts are different, the applicable occasions are different, and the systems are different, the standards are also different, and the restricted items are also different.
-
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.
-
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 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.
-
What is a Trademark Preliminary Examination Announcement?
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 it, which is called the trademark preliminary examination announcement, and also serves as a notice to the trademark applicant.
How long is the publication period for the preliminary examination of a trademark?
1. The Trademark Law stipulates that within three months from the date of publication of a preliminarily approved trademark, any person who believes that the preliminarily approved trademark violates the relevant provisions of the Trademark Law may file an objection with the Trademark Office. Therefore, the publication period of the preliminary examination of the trademark is three months. Within these three months, if no one raises an objection, the Trademark Office will approve it, make a registration announcement, and issue a trademark registration certificate to the applicant.
2. If someone raises an objection to the applicant's trademark application within three months of the preliminary examination announcement, the Trademark Office will enter the opposition ruling procedure.
3. If the Trademark Office rules to approve the applicant's trademark application, it will make a registration announcement, and if the Trademark Office rules that the objector's objection grounds are valid, the applicant's trademark application will be rejected and the registration announcement will not be granted.
-
Announcement of Preliminary Examination of Trademark: It indicates that the trademark has passed the preliminary examination of the State Intellectual Property Office, and if no interested party raises an objection within three months of the announcement, the registration will be approved at the expiration of the three-month period.
The trademark registration announcement can be preliminarily registered on behalf of the business standard, but there is a trademark registration announcement that will be invalidated later. To see whether the trademark has finally been approved for registration, it is best to look at the trademark registration publicity.
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. >>>More
1. "Application for Trademark Registration" and "Power of Attorney for Trademark**" (provided by Rika) 2. 1 trademark drawing, which requires clear drawings, specifications of length and width not less than 5 cm and not more than 10 cm. If you specify a color, you need to provide 1 color pattern and 1 black and white ink draft. 3. Two copies of valid certificates proving the applicant's qualifications or identity >>>More
1. Remember to renew the trademark. China's trademark law stipulates that the validity period of trademarks is 10 years. After the expiration of the term, the trademark needs to be renewed. If the trademark is not renewed within the specified time, the enterprise will lose its trademark rights. >>>More
If the trademark registration is unsuccessful, the reason should be found, the unsuccessful trademark registration is a more frequent phenomenon in the industry, then, the reasons for the unsuccessful trademark registration are summarized as follows: 1. The irresistible trademark in the blind spot of the trademark query should be queried before the application, whether it is the applicant entrusting the ** agency to query, or the official query of the State Trademark Office**, the retrieved data is not the data as of the date of your query, that is, the blind spot of the trademark query data. The data in the blind area is part of the application data that is being submitted, and the other part is the data that has been submitted to the State Trademark Office but has not been entered into the query database by the Trademark Office in a timely manner; Other aspects of the data are trademark review, international trademark extension priority, etc. >>>More
The specific methods for searching trademarks on the Trademark Network of the State Intellectual Products Administration are as follows. >>>More