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1. Trademark search, application submission, blind search period: 3-5 months.
Searching for trademarks is the basis, and everyone must check whether there are identical or similar trademarks in their trademarks before registering their own trademarks. The inquiry will take about 1-2 business days, and there will be a receipt notification 3-5 months after the application is submitted.
After submitting the application, there will be a blind inspection period, which will take 3-5 months, and it will take a lot of time to get out of this process.
2. Issue the acceptance notice: 1-2 months.
The application materials are correct, and the acceptance letter can be issued, and the time for issuing the acceptance notice was 2-4 months, but the time has been shortened by half since 2018, and it only takes 1-2 months, which can be said to have improved a lot of efficiency. However, the notice of acceptance can only prove that you have applied for it, and it does not mean that you have successfully registered, and the trademark cannot be used at will.
3. Substantive examination: 9-10 months.
The 9-month substantive examination stage is indeed a long time! During this period, the administrative organ must not only examine whether the requirements of the application materials are met, but also whether the substance of the application materials meets the requirements. For the same or similar goods, for trademarks that have been applied for or registered before, check whether there are any similarities or similarities.
If the appeal requirements are not met, a notice of rejection will also be issued.
4. Trademark publication (opposition period): 3 months.
If any enterprise or individual that has a conflict or interest in the trademark files an objection to your trademark within 3 months from the date of publication, once the opposition is successful, the published trademark may still be rejected. During this period, no objection was raised. You can get the registration certificate.
5. Issuance of trademark registration certificate: 3-4 months.
Don't think that you can get the trademark certificate immediately after the announcement period, there are many good things, and it takes a long time to issue the trademark certificate
Qingdao Hongzhuo's accounting summary: It takes nearly one and a half to two years to register a trademark. Registering a trademark is so time-consuming, but there are still so many people rushing to register, which can only show that the importance of trademarks.
Trademark is a permanent spiritual wealth owned by an enterprise, and it is also a material wealth.
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The Trademark Law stipulates that the Trademark Office shall complete the examination within nine months from the date of receipt of the trademark registration application documents, and after the examination is passed, there will be a three-month preliminary examination announcement period, and the formal registration announcement will be made after the preliminary examination announcement period, and then the certificate will be prepared for about one or two months, so the normal process will take about one year.
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The trademark registration is about a year down.
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The Trademark Law clearly stipulates the time limit for examination of trademark matters, such as Article 28 of the Trademark Law
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.
With the advancement of the trademark registration facilitation reform policy last year, the examination period of various trademark application matters has been continuously shortened. According to the latest statistics, the current time required for trademark registration examination has been shortened to about 8 months, and then to 6 months, or even less. That is to say, under normal circumstances, it generally took about 13 months to apply for a trademark certificate, but now it only takes 12 months, or 10 months soon.
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Trademark registration is a legal procedure for the loss of knowledge. If no one raises an objection within three months or the objection is ruled not to be established, the trademark shall be registered and effective and protected by law, and the trademark registrant shall enjoy the exclusive right to use the trademark. It takes about one to one and a half years for a trademark to be approved for registration from application to registration.
The validity period of the registered trademark is ten years, calculated from the date of approval of registration, the validity period of the registered trademark expires, and if it is necessary to continue to use, the trademark can be renewed for registration.
1. Time period of trademark registration.
The examination period for a trademark registration application may be shortened to about one and a half years. The current status of the application cycle is as follows:
1.It takes about one month for the Trademark Office to issue the Notice of Acceptance of Trademark Registration Application.
2.It takes about 6 months to complete the formal examination. At present, the Trademark Office will first issue a Notice of Acceptance after receiving the trademark registration application submitted by the applicant, and then conduct a formal examination.
Therefore, the receipt of the Notice of Acceptance does not mean that the trademark registration application will be accepted by the Trademark Office, and only if the Trademark Office does not receive the Notice of Inadmissibility of the Trademark Registration Application within about 6 months can it be proved that the trademark registration application has been formally accepted by the Trademark Office.
3.It takes about 12 months to enter the substantive examination procedure, and the trademark registration application documents are distributed to the specific examiner in order according to the different classes and examination progress, and the substantive examination begins;
4.It will take about 24 months and 30 months to complete the substantive examination, and the announcement time and announcement period of the preliminary examination and approval of the pre-arranged trademark will be preliminarily approved; The arrangement for the preliminary examination and rejection shall be printed and sent to the "Notice of Preliminary Examination and Rejection of the Trademark Registration Application".
5.For the trademark that has been preliminarily approved and approved, the "Announcement of Preliminary Examination of the Application for Trademark Registration" shall be published in the Trademark Gazette about 3 months after the completion of the substantive examination, and the announcement period shall be three months.
6.Three months after the announcement period of preliminary examination, if no one raises an objection to the trademark (if the objection is raised, the trademark will automatically enter the opposition procedure), the "Trademark Approval and Registration Announcement" will be published in the "Trademark Bulletin", and the trademark will be successfully registered from the next day after the announcement.
7.The "Trademark Registration Certificate" will be issued in February about 1 month after the announcement of registration.
2. Materials required for trademark registration.
The materials required for trademark registration are: the applicant needs to provide a clear copy of the ID card and a copy of the Business License of the Legal Person of the Individual Industrial and Commercial Household, and the business scope of the license must be consistent with the scope of the application. The trademark design to be registered must be clear, clean, black and white, not more than 10 cm by 10 cm, and not less than 5 cm by 5 cm empty bridge meters.
Where a portrait is used as a trademark, a power of attorney of the portrait owner notarized by a notary public shall be provided. According to Article 32 of the Trademark Law:
An application for trademark registration shall not infringe upon the existing prior rights of others, nor shall it preemptively register a trademark that has been used by others and has a certain influence by improper means.
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Legal Analysis: It usually takes about one year to one and a half years to register a trademark. Enterprises can go to the registration hall of the Trademark Office on their own, or they can entrust the trademark ** agency to handle the trademark application.
However, it is still recommended that enterprises apply for trademarks through the spine trademark agency, because the trademark agency handles many trademark cases every year, and will search the trademark pattern that the enterprise is trying to apply for to determine whether the pattern of the trademark it is trying to apply for has a trademark that has been applied for before. The trademark application needs to pay a certain official fee and prepare the corresponding materials such as the trademark design and the main body information in accordance with the requirements of the Trademark Office. If you entrust a trademark agency to apply, you also need to pay a certain fee to the agency.
After the Trademark Office accepts the trademark application, it will issue a notice of acceptance of the application and conduct a formal examination of the trademark application. If there is no problem with the formal examination, it will enter the substantive examination, which will take about nine months, and if the substantive examination is qualified, it will enter the preliminary examination announcement procedure, also known as the opposition period, and if there is no public proposal after the expiration of the opposition period, the registration certificate can be authorized.
Legal basis: Article 28 of the Trademark Law of the People's Republic of China shall complete the examination of a trademark applied for registration within nine months from the date of receipt of the application for trademark registration, and if it complies with the relevant provisions of this Law, it shall make a preliminary examination and announcement.
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Trademarks can generally be registered in nine months.
A trademark application is usually completed within nine months. Trademark application and registration must go through the following processes: trademark inquiry, submission of application, application for call, substantive examination, registration announcement, approval of registration, issuance of certificate, and under abnormal circumstances, the process of rejection of application, rejection review, objection, opposition defense and other processes may occur due to external factors.
Trademark registration process:
Choose the registration method: one is to apply for registration at the Trademark Office of the State Administration for Industry and Commerce; The other is to entrust the services of an experienced trademark organization.
Prepare 10 trademark drawings for the preparation of materials, the length and width are not more than 10 cm, not less than 5 cm, and if the direction of the trademark drawings and the book is unclear, the arrows should be used to indicate the upper and lower levels; If the application is made by an individual, it is necessary to present the ID card and submit a copy plus a copy of the self-employed business license, and the business scope is consistent with the registered trademark; If it is an enterprise application, a copy of the enterprise's "Business License" shall be presented and a copy shall be submitted; Application for trademark registration stamped with the official seal of the unit. <>
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It takes about a year to a year and a half to register a trademark. It takes about three months for the application to be accepted and formally examined, about 9 months for substantive examination, three months for opposition, and about two months from the announcement of approval to the issuance of the certificate.
[Legal basis].
Article 3 of the Trademark Law of the People's Republic of China.
Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service trademarks, collective trademarks, and certification trademarks; 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 use by the members of the organization in commercial activities, so as to indicate the user's membership in the organization.
For the purposes of this Law, the term "certification mark" refers to a sign controlled by an organization that has the ability to supervise a certain goods or services, and is used by an entity or individual other than the organization for its goods or services, and is used to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services.
The special matters concerning the registration of collective trademarks and certification marks and the elimination of surplus management shall be prescribed by the administrative department for industry and commerce.
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Generally, it takes about 12 months to register a trademark, and the specific process is as follows:
Preparation and formal examination (months): The Trademark Office shall determine whether the documents and procedures for applying for trademark registration comply with the law, and if they comply with the law, the examination agency shall compile and redefine the application number, determine the application date, and issue the Notice of Acceptance of the Trademark Registration Application.
Substantive examination (about one month): A series of activities such as checking whether an application for trademark registration complies with the provisions of the Trademark Law (trademark prohibition clauses, non-distinctiveness, existence of similar trademarks, etc.), data search, analysis and comparison, investigation and research, and deciding to grant preliminary approval or reject the application.
Announcement of Preliminary Examination (Months): Announcement of Preliminary Examination of a Trademark refers to the decision to allow the registration of an application for trademark registration that meets the relevant provisions of the Trademark Law after examination and is published in the Trademark Gazette.
Obtain the registration certificate (about a month): If no objection is raised within three months from the date of publication of the preliminary examination announcement, the trademark shall be registered and the registration announcement shall be published at the same time.
Article 22 of the Trademark Law stipulates that an applicant for trademark registration shall fill in the category and name of the goods in which the trademark is used in accordance with the prescribed commodity classification table, and submit an application for registration.
An applicant for trademark registration may apply for the registration of the same trademark in multiple classes of goods through a single application.
The application for trademark registration and the letter and other relevant documents may be submitted in writing or in the form of data messages.
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