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If it goes well, you will get the trademark certificate in about 12 months, and you need to provide a copy of the license, official seal, application, standard sample, confirmation form, etc.
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Now that the awareness of copyright and trademark rights is increasing, how long does it take to register a trademark? And how much does it cost?
The time it takes to register a trademark.
The first step is to submit the trademark application materials.
Generally, it takes 3-4 months for the Trademark Office to take the formal examination (under normal circumstances, the documents are complete and will be accepted, and the date is 3 months after the filing date).
After the formal examination is passed, it will take 6-7 months to enter the substantive examination.
After receiving the preliminary examination announcement, it takes 3-4 months to enter the registration announcement, and if no one files a trademark opposition during the registration announcement, the trademark will be successfully registered.
Note that if there is a non-compliance in any of the above links, the time for the rejection of the application will also increase.
Fees required. The first is the design fee for the trademark (which varies from person to person).
The second is the fees charged by the National Trademark Office.
At present, China's trademarks are divided into 45 categories, and different classes contain different products or services.
Trademark Office Fee: 600 RMB for 1 category.
Usually, a service fee will be charged by the company for entrusting a trademark ** (varies from person to person).
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It generally takes 13-18 months from the filing of the application to the issuance of the certificate.
There are two ways to register a trademark:
1. Apply to the Trademark Office (Beijing) by yourself;
2.It is to entrust the trademark **agency** to apply, you can find the online trademark application platform.
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;
4.For individual applications: a copy of the business license and personal ID card of the individual industrial and commercial household is required.
The application fee for ordinary trademarks is 600 yuan + ** fee, and it is recommended to choose **moderate.
Note: Before applying, you must first conduct a trademark search, if there is no same or similar first, you can make an application document, and about 3 months after submitting the application, the Trademark Office will issue you a notice of application acceptance. Then it enters the substantive examination stage, which takes about 6-10 months.
If the substantive examination is qualified, it will enter the 3-month announcement (opposition period), and if the announcement period expires and no one raises an objection, you can get the registration certificate.
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According to the relevant provisions of the current Trademark Law and the issuance process, it takes nine months for trademark registration to be issued from the application to the certificate at the earliest, and the specific application is accepted within 20 days, and the announcement period or rejection is about four months
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The normal situation is about 10 months, trademark search (within 2 days) Preparation of application documents (within 3 days) Submission of application (within 2 days) Payment of trademark registration fee Trademark formal examination (1 month) Issuance of trademark acceptance notice Trademark substantive examination (9 months) Trademark announcement (3 months) Issuance of trademark certificate.
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This process takes 1 day, because the trademark registrant will check the designed trademark before applying for a trademark to see if there are identical or similar trademarks, and there are nearly a few million trademarks in China, and it is also a very time-consuming project to check one by one, so it takes a whole day.
When the trademark application is submitted, the Trademark Office will conduct a formal examination, and the process of formal examination will take about a month, during which it is necessary to conduct a preliminary examination of whether the information, documents and procedures of the application comply with the provisions of the law, and a notice of acceptance will be issued after the review is completed.
The substantive examination takes about 9 months.
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It takes about a year for a trademark to go through the normal process from submitting an application for registration, to the preliminary examination announcement, to the issuance of the registration certificate. It also depends on the official processing progress of the Trademark Office. This cycle has been significantly shortened.
The longest trial in history lasted years. The progress of the trial is also different for different categories, and generally the trial of some categories with a small number of declarations is relatively fast. For example, the category with a large number of declarations, such as 25 clothing, should be the slowest of all categories because of the large number of declarations.
This is the time it takes for the normal trademark procedure to come down.
If the trademark undergoes substantive examination, the Trademark Office rejects the document and the applicant files a reexamination. In that case, it will take longer. Or if someone files an opposition to the trademark during the publication period, the trademark enters the opposition procedure, and the final opposition ruling takes another 2-3 years.
The use of the trademark in the reexamination process or opposition process is not affected.
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The normal process takes about 9 months, that is, in the case of not being rejected, if it is rejected, you can choose to re-examine, and the re-examination can only continue the process if it passes, and the re-examination generally takes 3-6 months, if the re-examination is not passed or rejected without re-examination, then the trademark is over and will not be successfully registered.
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1.Submission of application + formal examination, about 3 months.
2.Substantive examination of trademarks, about 4-6 months.
3.Preliminary examination announcement of the trademark, about 3 months.
4.The certificate is issued, about 1 month.
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It takes about half a year after the trademark registration is filed. The first thing to do in trademark registration is to do a good job of inquiry, if there is no objection after the announcement of a similar trademark, the maximum time will not exceed one year.
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As of October 15, 2021.
The initial review takes about 4-8 months.
The announcement period for passing the preliminary examination is 3 months.
The announcement period ends and the certificate is issued for 2 months.
About 9-13 months in total.
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According to the current situation, the trademark registration will be issued in about 20 days from the application to the certificate at the earliest, and the announcement period will be entered in about five months
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Legal analysis: the application number will be issued within one working day after the application for trademark registration is submitted, the notice of acceptance will be issued within 1-2 months, the announcement period will be entered or rejected in nine months, the announcement period will be three months, and the certificate will be issued at the expiration of the period. Documents required for individual application:
1) A copy of ID card (signature required); (2) A copy of the copy of the business license of the individual industrial and commercial household; (3) Application for trademark registration; (4) The entrusting ** institution needs to provide a power of attorney. Documents required for company application: a copy of the copy of the business license (with a seal); Application for trademark registration; The entrusting ** agency needs to provide a power of attorney.
In general, the process takes about 14 months, including the acceptance notice (about 1 month), the substantive examination (9 months), the announcement (3 months), and the issuance of the certificate (about 1 month).
Legal basis: 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. 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.
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The processing time of the trademark application is generally nine months, and there is a three-month announcement period after the preliminary examination is passed, and the registration will be approved after the announcement period expires without objection, and the registration certificate will be in the hands of the user after one month. This process is based on the principle that there are no mistakes in any process, and if the trademark application is rejected or there are any problems with the materials in between, the time frame for trademark registration will be extended.
1. Where can trademark registration be handled?
There are generally two ways to register a trademark: one is to go to the Trademark Office to register offline, and you can go to the trademark registration application acceptance window in various places to handle it; The second is to apply directly through the institution, which is more convenient.
If you choose to apply for trademark registration by yourself, the fee for applying for a class trademark is charged according to the fee standard on the official website of the Trademark Office. Entrusting a trademark registration agency to apply for a trademark, on the basis of the Trademark Office's fee standard, the agency will charge a certain service fee, and the fee standard of different institutions is different, so the fee for applying for a trademark by different trademark agencies is different.
You do not need to pay the first agency service fee to apply for a trademark by yourself, and the registration cost is low, but it takes time to go back and forth to the trademark acceptance window, even if you apply online, if you have no experience in trademark registration, it is very likely that because of incomplete application materials, incorrect application format, trademark query is not in place, etc., it will not be accepted in the later stage, and the trademark registration time will be extended, and the application may not be successful.
If you entrust a trademark registration agency to apply for a trademark, you only need to provide the corresponding application materials, and other matters related to the trademark are fully responsible for the first institution, saving time, effort and worry. Although the cost of trademark application is relatively high, the trademark registration agency is very familiar with the knowledge of trademarks, and the trademark registration is handled by understanding the actual needs of Yuanyun trademark registration, formulating trademark registration plans, and conducting trademark inquiries, which greatly reduces the risk of trademark registration.
2. What is the need for trademark registration? What documents.
The following documents are required for trademark registration:
1. A copy of the Business License.
2. Application for Trademark Registration stamped with the applicant's seal. If the applicant entrusts a trademark organization to apply for trademark registration, it shall also submit a Power of Attorney for Trademark.
3. Units without business licenses, such as schools and hospitals, should submit copies of the supporting documents for the approval of establishment.
4. The trademark registration of goods that must be registered with registered trademarks stipulated by the state shall be accompanied by the approval certificate of the relevant competent authorities.
5. If the name of the goods (services) is not included in the classification list, a description of the goods (services) shall also be attached.
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Generally, it takes more than 12 months from the filing of a trademark application to the approval of registration.
Paragraph 1 of Article 22 of the Trademark Law stipulates that an applicant for trademark registration shall fill in the class of goods and the name of the goods in which the trademark is used in accordance with the prescribed commodity classification table, and file an application for registration.
Article 28 stipulates that the Trademark Office shall complete the examination of the trademark applied for registration within nine months from the date of receipt of the application documents for trademark registration, and if it complies with the relevant provisions of this Law, it shall make a preliminary examination and approval announcement.
Paragraph 2 of Article 35 stipulates that if the Trademark Office makes a decision to approve the registration, it shall issue a trademark registration certificate and make a public announcement. If the objector is not satisfied, it may request Zheng Kuqiu to declare the registered trademark invalid to the Trademark Review and Adjudication Board in accordance with the provisions of Articles 44 and 45 of this Law.
Legal basis. Paragraph 1 of Article 22 of the Trademark Law.
The applicant for trademark registration shall submit an application for registration by filling in the category of goods and the name of the goods in which the trademark is used in accordance with the prescribed commodity classification table.
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 complies with the relevant provisions of this Law, it shall make a preliminary examination and announcement.
Article 35 (2).
If the Trademark Office makes a decision to approve the registration, it shall issue a trademark registration certificate and make a public announcement. If the objector is not satisfied, it may apply to the Trademark Review and Adjudication Board for invalidation of the registered trademark in accordance with the provisions of Articles 44 and 45 of this Law.
1. What is the process of handling the trademark registration certificate?
1) If the application is entrusted to a trademark agency, the applicant may voluntarily choose any nationally recognized trademark agency to handle it. All trademark agencies filed with the Trademark Office are published in the ** Institutions column.
2) If the applicant goes directly to the trademark registration hall of the Trademark Office, the applicant can follow the following steps:
Prepare the application documents, submit the application documents at the reception window of the trademark registration hall, type the barcode of the receipt document at the coding window, and pay the application fee at the payment window.
2. What are the preparation materials for the trademark registration certificate?
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 person in charge; 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 indicating the class in which the application was issued.
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It takes about one year for a trademark to be registered, and the Trademark Office shall complete the examination within nine months from the date of receipt of the trademark registration application documents.
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, with a period of 3 months, and if there is no public proposal after the expiration of the opposition period, the registration certificate can be authorized.
Article 28 of the Trademark Law 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.
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.
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