What is the difference between the trademark preliminary examination announcement and the registration announcement?-Q&A.-Shenzhen deep trust patent Agency Co., LTD

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What is the difference between the trademark preliminary examination announcement and the registration announcement?

Release Time：

2023-03-21

A: Trademark registration is a process of legalizing a trademark, which belongs to its creator from the point of ownership, that is, the producer or operator of goods on the goods they produce, manufacture, process, select or distribute, or the provider of services on the services they provide, to distinguish the source of goods or services. A distinctive symbol consisting of words, figures, letters, numbers, a three-dimensional symbol, a combination of colors, or a combination of the above elements. When you apply for trademark registration, you can see the trademark announcement and the trademark registration announcement, so what are the differences between the two announcements?

First, trademark preliminary examination announcement

The announcement of the first trial of a trademark means that, after the examination of the trademark Office,《Trademark Act》Where relevant provisions are made, it is allowed to register a trademark and be announced in the Trademark Announcement, which is also a notice to the trademark applicant.

However, after the announcement of the first trial, it does not mean that the trademark registration has been successful, and the trademark applicant has not obtained the exclusive right to use the trademark at this time.

After preliminary examination of the trademark, it needs to go through a period of 3 months, from the date of announcement, anyone who thinks that the preliminary examination of 《Trademark Act》 in violation of the relevant provisions of the Trademark Law within 3 months, can file an objection to the Trademark Office.

Second. Trademark registration Announcement

The trademark registration announcement is the trademark approved by the trademark Office to be registered.

It may be that the trademark has not been challenged after 3 months after the preliminary examination and approval announcement, or it may be that the application for the trademark has been challenged, but the reason for the objection is not established after the ruling, the Trademark Office approves the registration of the trademark, and makes a public announcement, and handles the trademark registration certificate at the same time.

At this time, the trademark registrant has officially enjoyed the exclusive right to use the trademark.

The time point of trademark registration process represented by the trademark preliminary trial announcement and trademark registration announcement is different, and the status of trademark rights is also different.

After the preliminary examination and approval of the trademark, the reason for the establishment of a three-month announcement period is to accept public supervision, if there is damage to the rights and interests of the prior right holder or interested parties, you can raise objections in time, so that the examination and registration of the trademark is fair and just.

So, if you miss the announcement period of the first trial, do not raise objections in time, so that the trademark can be registered, is there no way to revoke the trademark? If the registered trademark damages your prior rights, even if the trademark has been registered and announced, then you can also apply for trademark invalidation to protect the rights of the enterprise can do a good job of trademark monitoring, once the trademark is found to be the same or similar to its own trademark, timely objection or invalid, to protect its own rights and interests from damage. Source: Gold name label

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