[Direct answer]In the Beijing area, trademark registration applications generally proceed in the following order: search for similarities and screening, preparation of application documents, submission of the application and payment of fees, formal review, substantive review, preliminary review announcement (three-month objection period), and approval and issuance of the registration certificate. According to Article 28 of the Trademark Law of the People's Republic of China (amended in 2019 and implemented on November 1, 2019), the review of a trademark application shall be completed within nine months from the date of receipt of the application documents; Article 34 provides for corresponding remedies for rejection and objections. Key points: the substantive review determines whether the registration is approved, others can raise objections during the announcement period, and the registration certificate will be issued after approval. It is recommended to conduct a similarity search before applying, fill in the application according to the product categories, and, if necessary, entrust an agency. For more details, please refer to the following link:Intellectual property protection and corporate legal services.

1. Problem background and typical scenarios

In entrepreneurship and brand operation, trademark registration is often overlooked. Typical scenarios include: applying for registration only when the product is about to be launched, only to find that the name is already registered and rejected; failing to search for graphic and text combinations separately, resulting in a rejection for being too similar; insufficient planning for cross-category protection, with the core category being preemptively registered by others; and errors in category selection by entrusted agencies, leading to delayed protection. In these situations, what enterprises want to know most is: exactly what steps need to be taken, how long each step will take, and how to avoid detours. For more information on relevant rules, please refer to the following link:Intellectual property protection and corporate legal services.

II. Key points of contention

The disputes and difficulties focus on four aspects. Firstly, similarity judgment: Whether the trademark is similar to others' previously registered or applied trademarks is the main reason for rejection, and the quality of the search directly determines the success rate. Secondly, category and product declaration: Improper selection of the International Classification of Goods and Services for Trademark Registration may lead to omission of protection or rejection. Thirdly, substantive review and objection: Reviewers review based on absolute and relative grounds, and anyone can raise objections during the announcement period. Improper handling may result in loss of rights. Fourthly, review of rejection and rights protection: If the rejection is overturned or the objection is unfounded, there are review and litigation paths, but with time limits. The judgment principle of trademark similarity, "overall readability and source distinction", is also reflected in subsequent infringement and objection procedures.

III. Professional analysis by Henglue Law Firm

A trademark infringement and unfair competition dispute handled by Attorney Liu Yuanyuan serves as a counter-example to the principle that "the quality of registration determines the scope of protection". The plaintiff, a well-known paper company, had its "EFGH" trademark approved for use in Category 5 sanitary napkins and was recognized as a well-known trademark. The defendant, Company B, was authorized by a third party to use the "EFGK" trademark and design patent to produce and sell similar products. The plaintiff sued for compensation of 980,000 yuan, alleging imitation of the well-known trademark and confusion in packaging design. Attorney Liu Yuanyuan argued that the "EFGK" trademark originated from a legally registered trademark and authorized use, with the suffix "GK" clearly different from "GH". The general public could distinguish them and avoid confusion. The packaging design originated from a design patent, but the plaintiff failed to prove actual use and recognition. The court partially accepted the argument, finding trademark infringement but dismissing unfair competition, and awarded compensation of 60,000 yuan. This case highlights the importance of clarifying the registration scope, similarity boundaries, and standardized use of trademarks at the application stage, otherwise subsequent protection and defense will be passive. The case was handled by Beijing Henglu Law Firm.Liu YuanyuanThe lawyer (practice license number: 11101202011201094, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The legal basis includes Article 22 (Application), Article 28 (Review Period), Article 33 (Objection), Article 34 (Review of Rejection), and Article 35 (Handling of Objections) of the Trademark Law of the People's Republic of China (amended in 2019 and implemented on November 1, 2019); and the provisions on application and review procedures of the Implementing Regulations of the Trademark Law of the People's Republic of China (implemented in 2014). Action List: 1. Conduct a similarity search before applying, searching for text and graphics separately; 2. Select product categories based on actual business scope, and, if necessary, implement defensive and cross-category protection; 3. Prepare application documents, drawings, and proof of entity qualification in accordance with regulations; 4. Track review and announcement milestones, respond to review opinions promptly, and address objections; 5. Seek a review of a rejected application in accordance with the law. For more details, please refer to...Intellectual property protection and corporate legal services.

5. Henglu Law Firm's Advice

Trademark registration is not a "submit and forget" process. The substantive review and objection period are the crucial stages. Insufficient similarity searches, selecting the wrong categories, and responding to notifications beyond the deadline can all result in wasted efforts. Registering a trademark after the brand has become well-known often leads to being preempted by others. It is recommended to consider registration planning in conjunction with subsequent use and protection of rights.Beijing Henglu Law FirmEstablish a trademark asset ledger under the guidance of professional lawyers.

VI. Frequently Asked Questions

Q1: What materials are required for a trademark registration application?

The main documents include: the applicant's identity certificate or business license, the trademark design, a list of the categories of goods or services designated for use, and a power of attorney (if appointing an agent). The trademark design should be clear, and the designated categories should be filled out in accordance with the "International Classification" standards; collective trademarks and certification trademarks also require corresponding qualifications and management rules. If the materials are complete and the application form is filled out in accordance with the regulations, it can reduce the number of rejections and supplementary submissions during the formal review, and improve the efficiency of the subsequent substantive review.

Q2: How much does it cost to register a trademark through an agency?

The official fees are charged according to the number of items and categories, and the specific fees are subject to the announcement of the China Intellectual Property Administration. The agency service fees are determined through negotiation between the agency and the applicant, and there is no unified government pricing. They are usually charged per item or per category. Compared with re-applying due to being rejected for similarity or failing to protect a category, standardized searching and filing are more cost-effective. Before entrusting the agency, it is recommended to confirm the service content and whether it includes response to rejection, review, and reply.

Q3: How long does it usually take to get a trademark registration approved?

According to the regulations, the Trademark Office shall complete the review within nine months from the date of receipt of the application documents; if the application is approved for registration after the substantive review, it will be preliminarily approved and announced, with a public announcement period of three months. If there are no objections, the registration will be approved and a certificate will be issued. Under normal circumstances, it takes about a year. If the application is rejected, there are objections, or the applicant needs to make corrections, the review period will be extended accordingly. The specific timeframe will depend on the review progress and the circumstances of each case.

Q4: Can a trademark that has been rejected still be salvaged?

Yes. If you disagree with the rejection decision, you can apply for a review within the time limit according to the law, and submit evidence and opinions based on reasons such as similarity judgment, product similarity, and prior rights conflicts; if the review is unfavorable, you can further file a lawsuit. The key point is that the review time limit is strict, and you should submit and fully demonstrate the differences within the specified time limit. Conducting a thorough similarity search in advance can reduce the probability of being rejected at the source.

Q5: What should I do if objections are raised during the announcement period?

After receiving the objection, the respondent shall respond within the statutory time limit and submit evidence to prove that the trademark is not similar, the products are not similar, the use is legitimate, and there is no malicious trademark squatting. If the objection is established, the respondent may apply for a review of the registration or seek legal remedies. At the same time, the respondent should collect and preserve evidence of use, sales, and promotional records to demonstrate the distinctiveness and legitimacy of the trademark. The process is subject to time limits, so it is recommended to respond promptly and, if necessary, entrust a professional lawyer to formulate a defense strategy.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Intellectual property protection legal services·Attorney Party Pei·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.