1, trademark inquiry.
Trademark inquiry refers to the inquiry whether the trademark applied by the applicant for trademark registration or his agent is the same as or similar to the trademark with prior rights before applying for registration.
2. Trademark review.
Trademark review is divided into formal review and substantive review.
(1) Trademark form review usually takes 3-4 months, and it is very important to establish the application date. Because China's trademark registration adopts the principle of prior application, once the application date occurs, it will become the legal basis for determining the trademark right. The date of application for trademark registration shall be the date when the Trademark Office receives the application documents. Upon receipt of the trademark application form, the Trademark Office shall issue a notice of acceptance for the application that meets the formal requirements.
(2) Examination of the substance of the trademark, which lasted 12 months. The substantive examination of a trademark is a series of activities that the trademark registration authority conducts examination, data retrieval, analysis and comparison, investigation and study, and decides to give preliminary approval or rejection.
3. Announcement of preliminary examination.
Trademark examination and approval refers to the decision to approve 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 objection is raised within three months or the objection is ruled invalid, the trademark will take effect and a registration certificate will be issued.
Legal basis:
Article 22 of the Trademark Law of People's Republic of China (PRC) * * * An 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 apply for registration.
An applicant for trademark registration may apply for the registration of the same trademark for many kinds of goods through one application.
Extended data:
Trademark registration needs to follow the following principles:
1, the principle of combining voluntary registration with compulsory registration. Most trademarks in China adopt the principle of voluntary registration. Producers and operators of commodities (mainly cigarettes, cigars and packaged cut tobacco) that are required to use registered trademarks according to national laws and administrative regulations must apply for trademark registration. Without approval, goods may not be sold in the market.
2. The principle of uniqueness. The trademark applied for registration shall have distinctive features and be easy to identify, and shall not conflict with the legal rights previously obtained by others (such as design patent right, name right and copyright).
3. The principle of trademark legality. A trademark applying for registration shall not use any sign prohibited by law. Registered trademarks using geographical names shall remain valid. Without authorization, the agent or representative registers the trademark of the principal or the principal in his own name. If the principal or the principal has any objection, it shall not be registered and the use thereof shall be prohibited. If a trademark contains a geographical indication of a commodity, and the trademark does not come from the area marked by the mark, misleading the public, it shall not be registered and its use shall be prohibited;
4. Examination and announcement of trademark registration applications shall adhere to the principle of priority in application and priority in use. Where two or more applicants for trademark registration apply for registration with the same or similar trademarks on the same or similar goods, they shall make a preliminary examination of the trademarks applied for earlier and make an announcement; Where an application is filed on the same day, the prior trademark shall be preliminarily examined and announced, and the application of others shall be rejected without announcement.
5. The principle of prohibiting cybersquatting. When applying for trademark registration, a trademark that has been used by others and has certain influence shall not be registered first by improper means.
Baidu Encyclopedia: People's Republic of China (PRC) Trademark Law