Q：
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Who can apply for a trademark?
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A：
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Generally, individuals, corporations or unincorporated associations can apply for a trademark. In China, Chinese individuals can not apply for a trademark under his own name, the applicants that can be accepted by the Trademark Office includes corporations, individually owned business, foreign corporations and foreign individuals.
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How long does the registration take?
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It varies by country. While some countries take 4-6 months for registration, some countries take 2-3 years because of the shortage of manpower and heavy workload of the examiner.
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What are the procedures from filing to registration?
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The procedures depend on the country. In general, once the Trademark Office receives an application, it will proceed with formality examination (deficiencies checking), substantive examination, publication and grant.
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What is a formality examination (deficiencies checking)?
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Before beginning to examine the application, the Trademark Office will carry out a thorough check of the application form and any attachments to see if all the necessary parts of the form(s) have been filled in, if they are correct and if any required information is missing.
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What should I do if I fail the formality examination (deficiencies checking)?
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If any required information is missing, the Trademark Office will issue a notice and ask you to provide the information to remedy the deficiencies within a designated period. We highly recommend you appoint a professional agent, like Kaizen, to assist you to submit application to avoid any deficiencies.
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What is a substantive examination?
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A：
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After the formality examination has been completed and all is found to be in order, the Trademark Office will conduct a search of the trademarks records to see if the same or similar trademark has already been registered or been applied for by another trader in respect of the same or similar class of goods and services.
The Trademark Office will also see if the trademark satisfies the registration requirements laid down in the local Trade Marks Law. The examiner will then issue an opinion in writing which will either lay out the grounds for objection to the mark or confirm the mark is acceptable for registration.
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FAQ
