Chinese are registered trademarks of the examination system to the form of review and substantive review two processes.
One, the form of review
After the formal examination, if the application procedures are complete and filled in the application form as required, the Trademark Office issued a "Notice of acceptance".
If the application procedures are incomplete or not in accordance with the provisions of filled in the application form, "inadmissible notice", to be returned, the date of application shall not be retained.
Application procedures are basically complete or the application documents are basically in conformity with relevant provisions, but still need to be supplemented, the Trademark Office to apply for trademark registration issued "Notice of correction". The applicant to make corrections within the specified time and returned to the Trademark Bureau, retain the date of application; no correction or within the time limit, the Trademark Bureau issued "notice inadmissible", to be returned, the date of application shall not be retained.
Two, the substantive examination
The trademark application through the formal examination into the substantive examination. After examination as to substance, who meet the "trademark law" the relevant provisions of the trademark, the Trademark Office shall preliminary examination, and shall make a public announcement.
Reject the application, issued to the applicant "rejection notice".
Application for trademark registration and trademark office that can be revised, to "review the submissions". To reply to the applicant within the time limit, the Trademark Office to review.
On the review of the trademark, the Trademark Office announced by the China in "trademark gazette".
Within three months from the date of the publication, any person may China trademark to the trademark objection.
Without objection or if it is decided that the opposition is not established, by Chinese Trademark Office approved the registration, a trademark registration certificate is issued, and shall make an announcement in the "trademark notice"; it is decided that the opposition is established, the registration shall not be approved.
Three, request for reexamination
If the applicant for Trademark Office rejected the application for trademark registration may, may request a review to the Trademark Review and Adjudication board. Approving the registration or registration shall not be a final decision will be made to the Trademark Review and Adjudication Board, and notify the applicant in writing.
If the parties to the Trademark Office objection ruling disaffected, can request for review to the Trademark Review and Adjudication board. A final decision will be made to the Trademark Review and Adjudication Board, and notify the party concerned in writing.
Need to provide documents and materials:
1, the business license or legal person institutions, associations and other organizations of the copies of documents (including the scope of business, such as the "certificate of legal institutions"). Outside mainland applicants do not need these documents.
2, trademark pattern: must be clear, clean, no confusion, no more than 10 X10 cm, not less than 5 cm x 5 cm, 15 copies (the specified color, color trademark in 15 copies, 2 copies of the black and white logo).
3, "trademark proxy": a trademark agency, must provide the applicant seal cover letter of authorization. Outside of mainland must the applicant applies for trademark registration in China, must entrust a trademark agency.
4, "the application for trademark registration book": an agency to apply for registration, produced by the agency.
5, special materials of proof:
1) the applicant with drugs, medical nutrition food, medical nutrition beverage and baby food: the need to provide health administrative departments of the documents, namely the "drug production enterprise license" or "drug handling enterprise licence", not yet achieved above two cards, to provide health administrative department issued by the consent of the establishment approval documents of pharmaceutical production or business enterprise; the applicant with disinfectant, that provide health and epidemic prevention departments;
2) apply for cigarettes, cigars and tobacco packaging: the need for a national tobacco departments approved the production of documents. Outside mainland applicants do not need these documents.
3) the newspaper, magazine name as trademark: the need for Province, city, autonomous region, municipality directly under the central government management department documents, namely, the General Administration of press and Publication (bureau) issued by the national unified number ("CN") newspapers registration certificate. Outside mainland applicants do not need these documents.
4) portrait trademarks: the need to provide notarized by the notary public portrait right authorization form;
5) to apply for a collective mark: the need to provide proof of subject qualification, the administrative rules on the use of trademarks;
6) apply for certification trademarks: the applicant must provide proof of subject qualification, the administrative rules on the use of trademarks, the relevant departments in charge of the inspection and supervision of commodity quality ability of the file.