trademark inquiry (within 2 days) → preparation of application documents (within 3 days) → submission of application (within 2 days) → payment of trademark registration fee → trademark form review (1 months) → issuance of trademark acceptance notice → trademark substantive review (12 months) → trademark announcement (3 months) → issuance of trademark certificate. (2114.15.11 The new Trademark Law was implemented, and the substantive examination period of trademarks was 9 months. )
1. Trademark inquiry.
Trademark inquiry refers to the inquiry of whether the trademark applied for by the trademark registration applicant or his agent is the same as or similar to the trademark with prior rights before filing the registration application.
The following situations are explained here:
1) Words that lack distinctiveness or are prohibited by trademark law cannot be queried to determine whether their application for registration can be approved;
2) If the same or similar trademark of the previous application has not entered the database of the Trademark Office at the time of inquiry, the inquiry result will not be reflected because of the similar time;
3) If the inquiry report provides several trademarks that may be similar, the agent only makes an analysis through general examination standards and experience, and his opinions are for reference only and do not represent the examination opinions of the Trademark Office;
4) For a combined trademark, if only a part of the trademark (such as Chinese or English) is inquired, but other parts (such as graphics) in the actually applied trademark are the same as or similar to the registered trademark of others, the whole trademark will be rejected;
5) The client only provided the name of the trademark when inquiring, but the difference in font, color, structure or arrangement in the trademark design draft provided in the actual application will also lead to the query result not completely reflecting the same or similar degree.
2. Trademark review.
Trademark review includes formal review and substantive review.
① It is very important to determine the application date for trademark form review (3-4 months). Since China adopts the principle of prior application in trademark registration, once the application date is formed, it is the legal basis for determining the trademark right. The application date for trademark registration shall be based on the date when the Trademark Office receives the application, and the Trademark Office will issue an acceptance notice for the application that meets the formal requirements.
② substantive examination of trademarks (12 months). Substantive examination of trademarks is a series of activities such as checking, data retrieval, analysis and comparison, investigation and study, and deciding whether an application for trademark registration meets the requirements of the Trademark Law. In the meantime, please don't mark the registration marks (such as "registered trademark" and "?") before the trademark is approved for registration. Etc.), you can mark "TM". In addition, before the registration is approved, it is not advisable to make too many products and packages with the trademark or trademark logos at one time to prevent unnecessary losses caused by blocked registration.
3. Announcement of preliminary examination.
the examination and approval of a trademark refers to the decision to allow the registration of a trademark that meets the relevant provisions of the Trademark Law after examination. And make an announcement in the Trademark Announcement. If no one raises an objection within three months or the objection is ruled invalid, the trademark will become effective and a registration certificate will be issued.