How long will it take to receive the notification of acceptance for the applications submitted in April and May 2014, which have not received the notification of acceptance even now, making it impossible to carry out the business?-Q&A.-Shenzhen deep trust patent Agency Co., LTD

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How long will it take to receive the notification of acceptance for the applications submitted in April and May 2014, which have not received the notification of acceptance even now, making it impossible to carry out the business?

Release Time：

2014-08-15

Published：2014-08-15 09:08 Information source：State Administration for Industry and Commerce Trademark Office

Regarding the relevant provisions of the notice of acceptance of the application for trademark registration, the implementation regulations of the new Trademark Law have been amended to increase the conditions for acceptance of the application for trademark registration, and to increase the examination of the application acceptance. (Article 18, paragraph 2: "trademark registration application procedures are complete, in accordance with the provisions of the application documents and payment of fees, the Trademark Office shall be accepted and notify the applicant in writing; application procedures are not complete, not in accordance with the provisions of the application documents or payment of fees, the Trademark Office shall not be accepted, and notify the applicant in writing and explain the reasons. The application procedures are basically complete or the application documents are basically in line with the provisions, but need to make corrections, the Trademark Office notifies the applicant to make corrections, and limits it to make corrections in accordance with the specified content within 30 days from the date of receipt of the notification and return it to the Trademark Office. If the application is corrected and returned to the Trademark Office within the specified period, the date of application shall be reserved; if the application is not corrected by the expiration of the period or if it is not corrected in accordance with the requirements, the Trademark Office shall not accept the application and notify the applicant in writing.")

According to the Notice of the Administration for Industry and Commerce on Relevant Issues Concerning the Implementation of the Amended Trademark Law of the People's Republic of China (Industry and Commerce Labeling Word (2014) No. 81), the Notice of Acceptance, Notice of Rectification, or Notice of Inadmissibility made by the Trademark Office on or after May 1, 2014 (inclusive) shall be subject to the Amended Trademark Law and the Implementing Regulations. Therefore, the Office revised the formal examination process of trademark registration applications on May 1, 2014, and the issuance of notices of acceptance of trademark registration applications will take longer than the issuance time prior to the revision of the regulations.

For trademark registration applications filed in April 2014, if the Trademark Office has issued a notice of acceptance or a notice of non-acceptance before May 1, 2014 (excluding May 1), the pre-amended Trademark Law and Implementing Regulations shall apply. if a trademark registration application is filed in April and the Trademark Office has issued a notice of acceptance or a notice of non-acceptance after May 1, or if the trademark registration application is filed after May 1, the amended Trademark Law and Implementing Regulations shall apply. The amended Trademark Law and implementing regulations shall apply to applications filed after May 1, and applications for trademark registration filed after May 1.

Prior to the amendment of the regulations, the issuance of a notice of acceptance generally took about one month from the date the Trademark Office received the documents of the application for trademark registration. After the amendment of the Regulations, no application for trademark registration has gone through the whole process of application acceptance, so the time required is difficult to be determined at present.

In addition, due to the technical obstacles in the process of upgrading the third phase of the Trademark Registration and Management Automation System have not yet been fully resolved, the examination process of application acceptance can not run smoothly, the issuance of notices of acceptance of trademark registration applications filed in May 2014 and after May will require the applicants to wait for a longer period of time, so please pay attention to the applicants for trademark registration and the trademark agencies to check the receipt of the notices. Please understand the inconvenience caused to you.

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