How to check whether your registered trademark has entered the preliminary examination announcement

Hello, the preliminary examination announcement is a 3-month publicity period, which can be seen on the official website of the Trademark Office.

The key to trademark application is a comprehensive search and professional risk assessment. Trademark search is also available on our official website, so you can search for it yourself.

Trademark application process: Trademark registration is generally divided into two types: individual and corporate applications. Documents required for individual application:

1) A copy of ID card (signature required); (2) A copy of the self-employed license; (3) Application for trademark registration; (4) The entrusting ** institution needs to provide a power of attorney. Documents required for company application: 1. A copy of the copy of the business license (with a seal) 2. Application for trademark registration; 3. The entrusting ** institution needs to provide a power of attorney.

In general, the process takes about 14-16 months, including the acceptance notice (about 1-2 months), the substantive examination (9 months), the announcement (3 months), and the issuance of the certificate (about 2 months).

After passing the preliminary examination of your trademark, there is a 3-month publication period, that is, from 2009-12-7 to 2010-2-6, during which anyone has the right to object. The reason why you received the objection notice on July 11, 2010 is because the TRAB officially began to process the objection application submitted by the objector. Although nominally your trademark has been approved for registration, in reality it depends on the outcome of the opposition after two or three years, if the opposition is not established, then your exclusive trademark rights continue to be valid and can be used for ten years.

However, if the opposition is upheld, the exclusive right to use the trademark in the opposed part will be declared invalid.

Legal analysis: For the trademark applied for registration, after examination, the Trademark Office 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, which is also used as a notice to the trademark applicant. 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 opposition 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. If an opposition is raised against the applicant's trademark application within three months of the publication of the preliminary examination, the Trademark Office will enter the opposition ruling procedure.

If the Trademark Office rules to approve the applicant's trademark application, it will publish the registration, and if the Trademark Office rules that the opponent's objection grounds are valid, the applicant's trademark application will be rejected and the registration will not be published. Therefore, the publication period of the preliminary examination of a trademark is three months.

Legal basis: 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 10, 11 and 12 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.

There are the following procedures for trademark registration: 1. Preparation for registration. 2. Application for registration.

3. Trademark examination. 4. Announcement of the preliminary examination. 5. Registration Announcement.

6. Obtain the trademark registration certificate. Article 14 of the Regulations for the Implementation of the Trademark Law stipulates that when applying for trademark registration, the applicant shall submit his identity documents. The name of the applicant for trademark registration shall be consistent with the supporting documents submitted.

It is very understandable from the literal point that the announcement of the preliminary examination of the trademark does not mean that the registration is successful, because the purpose of the announcement is to give others the opportunity to raise objections, which 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 this 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;

What if someone raises an objection? It is also possible that in some standardized companies, in order to prevent others from preemptively registering the same and similar trademarks as them, from this stage they will pay attention to the trademark in the application for registration, once they find that there is a possibility in this regard, they will raise an objection and request the rejection of registration. A copy of the Trademark Opposition Application, the reasons for the opposition, and the evidentiary materials provided by the opposition initiator shall be sent to the objectee. The opposing party is required to file a written response to the trademark opposition within 30 days from the date of receipt of the materials.

However, if the opposed party fails to make a written reply to the trademark opposition within the time limit, it shall be deemed to have waived the right to defend against the trademark. If you can't handle it yourself, you should also let a professional organization ** avoid wasting the preliminary work.

In addition, the announcement of trademark registration (the trademark has passed the examination and the registration certificate is issued): it is an announcement made after the end of the three-month opposition period, when no one raises an objection, or someone raises an objection, but the other party's objection 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.

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.

No. The examination of trademarks is mainly divided into formal examination and substantive examination.

1) Trademark registration form examinationTrademark form examination (about 3 months), trademark formal examination refers to whether the trademark registration authority complies with the provisions of the law on the documents and procedures for applying for trademark registration, and if it complies with the law, the examination agency will compile the application number, determine the application date, and issue the Notice of Acceptance of the Trademark Registration Application. Since China's trademark registration adopts the principle of first-to-file, once the sequence of the filing date becomes the legal basis for determining the trademark right, the application date of trademark registration is subject to the date on which the Trademark Office receives the application, and the Trademark Office receives the notice of acceptance of the trademark application for the application that meets the formal requirements.

2) Substantive examination of trademark registration: Substantive examination of trademark registration (completed within 9 months from the date of application), substantive examination of trademark is a series of activities conducted by the competent trademark registration authority to check whether the application for trademark registration complies with the provisions of the Trademark Law, data search, analysis and comparison, investigation and research, and decide to grant a preliminary examination or reject the application. The announcement of the preliminary examination of a trademark (with a time limit of 3 months) refers to the decision to allow the registration of a trademark registration application after it has been examined, if it meets the relevant provisions of the Trademark Law. and make an announcement in the Trademark Gazette.

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. If no objection is raised within three months or the objection is ruled to be unsubstantiated, the trademark will be registered and the registration certificate will be issued. What is the difference between the trademark preliminary examination announcement and the registration announcement of the trademark preliminary examination announcement (the trademark may not be successfully registered):

It is an announcement made at the time of the preliminary approval of the trademark registration after the substantive examination by 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 announcement (the trademark has passed the review, waiting for the issuance of the registration certificate): It is an announcement made after the end of the three-month opposition period, no one raises an objection, or someone raises an objection, but the other party's objection 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.

The preliminary examination announcement in trademark registration is an announcement made when the trademark registration is preliminarily approved after the substantive examination by the Trademark Office.

Trademark registration has the following benefits:

1. The registered trademark of the enterprise can seize the market, expand the business scope, and form its own brand image;

2. The registered trademark of the enterprise protects the trademark of the enterprise from infringement and the value of the brand from theft;

3. The registered trademark of the enterprise, the foundation of the brand establishment, is the foundation of the famous trademark and the well-known trademark;

4. The registered trademark of the enterprise is a necessary condition for entering the country;

5. The registered trademark of the enterprise is the condition for quality inspection and health inspection;

6. The registered trademark of the enterprise, as the intangible asset of the enterprise, can be transferred for investment, mortgaged, licensed for use, created income, and inherited.

The trademark registration process is broadly divided into the following 5 steps:

1. Determine the scope of trademark registration and conduct a pre-search;

2. Submit the trademark registration application documents to the Trademark Office. The application documents include: the application for trademark registration, the applicant's subject qualification certificate, and if the intellectual property ** institution is entrusted to submit, the power of attorney should also be submitted;

3. Accepted and examined by the Trademark Office. After acceptance, the Trademark Office will conduct a formal examination and a substantive examination, and the formal examination mainly examines the applicant's name, address, trademark reproduction, and designated goods and services. The substantive examination mainly examines whether the trademark is a sign prohibited from registration or use as stipulated in the Trademark Law of the People's Republic of China, and whether it conflicts with the same or similar trademark applied for or registered earlier;

4. Announcement. If it passes the examination, the Trademark Office will make an announcement for a period of 3 months, during which the prior right holder and interested party can raise objections to the trademark application.

5. Approval and registration. If no objection is raised during the announcement period, the Trademark Office will approve the registration and issue the Trademark Registration Certificate.

[Legal basis].

Article 34 of the Trademark Law of the People's Republic of China shall notify the applicant for trademark registration in writing of a trademark that has been rejected or not published. If the applicant for trademark registration is not satisfied, he 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 applicant 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.