Several issues to be aware of before applying for trademark registration (http://www.cqxiangteng.com):
1. Necessity of prior inquiry:
Prior inquiry is a process where the trademark registration applicant, before formally submitting an application to the Trademark Office, consults with a trademark service agency to check whether there are any existing trademarks that might conflict with the one they intend to register. By the end of 2002, China had more than 1.66 million valid registered trademarks, indicating that resources constituting various elements of trademarks are becoming increasingly scarce, and the difficulty of trademark registration is increasing. To improve the success rate of trademark registration applications and avoid unnecessary losses, it is still very necessary to conduct inquiries before applying.
2. Not finding prior conflicting trademarks in the prior inquiry does not mean guaranteed registration:
On the one hand, theoretically, the query report provided by the trademark service agency should include all existing trademark registration and application information up to the query date, but this is not always the case. If a trademark application under review (such as a rejected review) is ultimately preliminarily approved and registered, it enjoys prior rights, but this part of the information often cannot be promptly entered into the trademark query database. Due to various subjective and objective constraints, the "time difference" problem cannot be fundamentally resolved in the short term. In addition, the continuous submission of new application documents and the cycle of information entry mean that not finding prior trademarks during the prior inquiry does not equate to their complete non-existence. On the other hand, the prior inquiry only checks whether there are prior registered or applied-for trademarks identical or similar to the queried trademark. As for whether the queried trademark violates the relevant provisions of the "Trademark Law" regarding the prohibition of use or registration, the prior inquiry cannot provide a final answer.
3. Acceptance of a trademark registration application does not mean that the application has undergone substantive examination:
Article 18 of the "Regulations for the Implementation of the Trademark Law" stipulates that if the application procedures for trademark registration are complete and the application documents are filled out according to regulations, the Trademark Office will accept the application and notify the applicant in writing (i.e., issue the applicant a "Notice of Acceptance of Registration Application"). The acceptance of a trademark registration application by the Trademark Office merely marks the beginning of the review process for that application. Whether the applied-for trademark can be preliminarily approved and announced will only be determined in the next step of the substantive review process.
4. Main content and legal basis of trademark substantive review:
Trademark substantive review involves reviewing, according to the "Trademark Law," the "Regulations for the Implementation of the Trademark Law," and other relevant regulations, the trademark registration applications that have passed the formal review and been accepted, in order of their application dates, to determine whether the text, graphics, letters, numbers, three-dimensional marks, color combinations, or combinations of these elements constituting the trademark can be preliminarily approved and announced.
5. General procedures for trademark application from application to registration:
Submitting a trademark registration application through a trademark agent to the Trademark Office is undoubtedly a prerequisite for the approval of the trademark and also the starting point of the trademark registration review process. The trademark registration application first undergoes a formal review, and if it meets the regulations, the Trademark Office will accept it. For the accepted trademark registration applications, a substantive review is then conducted, and a conclusion is made on whether the application should be preliminarily approved and announced. For trademarks preliminarily approved, any person may file an objection within three months from the date of announcement. If no objections are raised upon expiration of the announcement period, the registration will be approved, a trademark registration certificate will be issued, and the registration will be announced.
6. Regarding fees for trademark registration applications:
Article 58 of the "Regulations for the Implementation of the Trademark Law" stipulates that applying for trademark registration or handling other trademark matters shall incur fees (i.e., "trademark fees"). Paying the trademark fee is one of the formal requirements for applying for trademark registration. If only a trademark application is submitted without paying the trademark fee, the Trademark Office will not accept it. According to the notice issued by the Trademark Office on January 15, 1996, titled "Notice on Specific Methods for Implementing the Standards for Trademark Business Fees," as long as the legally prescribed review procedures have been followed for the payment of trademark fees for trademark registration applications or handling other trademark matters, regardless of whether the trademark is approved for registration, the paid fees will not be refunded.
Excerpted from the Chongqing Trademark Registration website: http://www.cqxiangteng.com