How to apply for a patent for a store name

How to apply for a patent for a store name is a very common phenomenon in real life, but it is more difficult to apply for a patent. Only when the patent is granted can the patent be granted, then how to apply for a patent for a store name? How to apply for a patent for a store name 1

I. Procedures for applying for a patent for a store name

The name of the store is not within the scope of authorization of the patent right, so the name of the store cannot be patented. After the name of the store is registered as an individual industrial and commercial household or company with the Industrial and Commercial Bureau, it naturally obtains the "trade name right", and the trade name right enjoys the exclusive right in the registered place of the firm.

The name of the store can also be registered with the Trademark Office of the State Administration for Industry and Commerce. After the application is approved, announced and approved for registration, the name will have the "trademark right". The trademark is protected in the registered category or similar category and enjoys the exclusive right.

second, what are the procedures for applying for a patent for a hotel name?

Generally, you can not apply for a patent for a restaurant name, but you can apply for a trademark.

(1) You can go to the registration hall of the local trademark office in person or entrust a trademark agency to handle it.

(2) materials required for application: trademark pattern, scope of goods or services to be used for trademark registration, and identification documents: copies of business licenses and personal identity cards of individual industrial and commercial households are required.

(3) Application procedure:

① First, inquire about the trademark. If there is no identical or similar trademark in advance, you can make application documents and submit the application;

② About 3 months after the application is submitted, the Trademark Office will issue you an application acceptance notice, which is called the formal examination stage.

③ After the formal review is completed, it will enter the substantive review stage, which will take about 9 months.

④ If the substantive examination is qualified, it will enter the announcement procedure, which lasts for 3 months.

when the announcement expires, no one raises any objection. You can get the registration certificate.

article 22 of the trademark law of the people's Republic of China * * * an applicant for trademark registration shall fill in the category and name of the goods using the trademark according to the prescribed commodity classification table and file an application for registration.

an applicant for trademark registration can apply for registration of the same trademark for multiple categories of goods through one application.

the application for trademark registration and other relevant documents may be submitted in writing or in the form of data messages.

III. What are the principles of trademark registration?

Trademark registration should follow the following principles:

1. The principle of combining voluntary registration with compulsory registration. Most trademarks in China adopt the principle of voluntary registration. Producers and operators of commodities (mainly cigarettes, cigars and packaged cut tobacco) that must use registered trademarks according to national laws and administrative regulations must apply for trademark registration. Without approval, commodities may not be sold in the market.

2. the principle of salience. The trademark applied for registration shall have distinctive features and be easy to identify, and shall not conflict with the legal rights (such as design patent right, name right and copyright) previously obtained by others.

3. Principle of trademark legality. A trademark applying for registration shall not use a sign prohibited by law. Registered trademarks using geographical names shall remain valid. Without authorization, the agent or representative registers the trademark of the principal or the principal in his own name, and if the principal or the principal objects, it will not be registered and the use will be prohibited. If a trademark contains a geographical indication of a commodity, and the trademark does not come from the area marked by the mark, which misleads the public, it shall not be registered and its use shall be prohibited; The place names have other meaning or are part of collective trademarks or certification trademarks; Registered trademarks using geographical names shall remain valid.

4. When examining and announcing the application for trademark registration, if two or more applicants apply for registration with the same or similar trademarks on the same commodity or similar commodities, they will preliminarily examine and announce the trademark that was applied earlier; If the application is made on the same day, the earlier trademark shall be preliminarily examined and announced, and the application of others shall be rejected without announcement.

5. The principle of prohibiting cybersquatting. When applying for trademark registration, a trademark that has been used by others and has certain influence shall not be registered first by improper means. How to apply for a patent for a store name 2

The store name only wants to be used by itself, that is, to establish its own brand. At this time, the specific process of registering a trademark is as follows:

1. Choose your favorite trademark.

the range of choices includes characters, figures, numbers, letters, color combinations and any combination of the above elements. According to the latest trademark law, sound can also be registered as a trademark.

2. Inquire about the registration status

Inquire about the prior registration status in the official database and the trademark inquiry system "China Trademark Network", evaluate the registration risk, make repeated revisions, and finally determine the trademark to be registered.

3. Prepare the application materials for trademark registration

Prepare the application materials for trademark registration: an application for trademark registration; Power of attorney (not required for online application) (if an agency is entrusted); Subject certification materials (personal ID card and individual industrial and commercial license, business license of the company as an enterprise legal person). In addition, it is necessary to make trademark patterns. It is recommended to have a resolution of 811*811 pixels and 111. Too small is easy to blur.

4. Submission of application materials

One way is to entrust a filing agency to submit, and you can find a local agency on the website of the State Trademark Office; The second way is to submit it in person in the registration hall of the State Trademark Office.

5. Wait for the formal examination of the Trademark Office

After the formal examination of the Trademark Office is qualified, a notice of trademark acceptance will be issued. The time is about 21 working days (that is, about 1 months). If the formal review fails, it is necessary to make corrections or resubmit the application. After receiving the notice of trademark acceptance, the trademark can be marked with "TM" for use.

Extended information:

It takes about 12 months from the submission of the application to the final receipt of the trademark registration certificate, of which about 1 months after the application is submitted, the first 6 months after the acceptance is scheduled for review, the last 3 months are the announcement period after passing the examination by the Trademark Office, and finally the certificate is made and issued for about 2 months.

the applicant should always pay attention to whether there are objections raised by others during the announcement period, and submit an objection defense according to the notice of objection defense issued by the Trademark Office to safeguard his legitimate rights and interests.

Article 41 of the Trademark Law of the People's Republic of China stipulates that if a registered trademark needs to be used continuously after its expiration, the trademark registrant shall go through the renewal procedures in accordance with the regulations within 12 months before the expiration; If it fails to be handled during this period, a six-month extension period may be granted.

the validity period of each renewal registration is ten years, counting from the day after the last expiration of the trademark. If the renewal formalities are not completed at the expiration of the period, the registered trademark shall be cancelled. How to apply for a patent for the name of a store 3

Detailed explanation of the process 1. Filling and writing of patent application documents

There are specific requirements for filling and writing of patent application documents. Applicants can fill in or write them themselves or entrust a patent agency to handle them on their behalf. Although it is not mandatory to entrust a patent agency, considering the importance of carefully writing patent application documents and the legal rigor of examination and approval procedures, it is worth promoting for applicants with little experience.

2. Acceptance of patent applications

After receiving a patent application, the Patent Office's acceptance office or each patent office's agency will determine the application date, give the application number and issue an acceptance notice for the application that meets the acceptance conditions.

3. How to pay the application fee

The application fee and other fees can be paid directly to the toll office of the Patent Office or the agency of the Patent Office, or remitted by bank or post office, or the registered users of electronic application can pay the patent fee by logging in to the China Patent Electronic Application Network and using the online payment system. At present, banks use electronic transfer and post offices use electronic remittance.

when paying the patent fee through the post office or bank, the payer shall indicate the correct application number or patent number on the remittance slip, and the name of the payment shall be abbreviated.

the remitter should ask the staff of the bank or post office to enter the above payment information in the remittance postscript column. If remittance is made through the post office, the staff of the post office should also be asked to enter the complete mailing address, including the postal code. This information will play an important role in future procedures. Fees shall not be sent to the Patent Office's acceptance office or other departments of the Patent Office or individual examiners.

4. Time for payment of application fee

If the patent application documents are submitted in person, the application fee can be paid after obtaining the notice of acceptance and the notice of payment of application fee. If an application is submitted by mail, the application fee shall be paid after receiving the notice of acceptance and the notice of payment of the application fee, because the application fee needs to be paid with the corresponding application number, but the date of payment of the application fee shall not exceed two months from the date of application at the latest.

5. Patent Approval Procedure

According to the Patent Law, the approval procedure of an application for a patent for invention includes five stages: acceptance, preliminary examination, publication, actual examination and authorization. The application for a patent for utility model or design is not published and examined in substance during the examination and approval, and there are only three stages: acceptance, preliminary examination and authorization.

6. Active revision and correction of patent application documents

Active revision and correction of patent application documents is also a procedure that the applicant can choose as needed. Applications for patents for utility models and designs are only allowed to be voluntarily amended within two months from the date of application;

An application for a patent for invention is only allowed to actively modify the patent application documents within three months from the date of filing a request for substantive examination and receiving the notice from the Patent Office that the application for a patent for invention has entered the substantive examination stage.

7. Respond to all kinds of notices from the Patent Office

(1) Abide by the deadline for reply, and the consequences of late reply are the same as those of no reply. In view of the problems pointed out in the notice of review opinions, answer them one by one. The reply can be corrected or the application can be modified according to the review opinions; If you disagree with the examiner, you should state your opinions and reasons.

(2) It is a defect in form or procedure, which can generally be eliminated by making corrections; Obvious substantive defects are generally difficult to eliminate through correction or modification. In most cases, we can only defend and state opinions on whether there are or belong to obvious substantive defects.

(3) No correction or modification to an application for a patent for invention or utility model shall exceed the scope recorded in the original specification and claims, and no modification to an application for a patent for design shall exceed the scope indicated in the original picture or photograph. The revised document shall be submitted with a replacement page in the prescribed format.

(4) The reply shall be submitted in the prescribed format. Such as submitting corrections or opinions. In general, the formal problems or procedural problems are corrected by using the correction book, and the substantive contents of the application are modified by using the opinion statement. If the applicant disagrees with the examiner's opinion, the opinion statement is used when defending.

8. The patent application is deemed to be withdrawn and resumed

If the prescribed procedures are not completed within the time limit, the application will be deemed to be withdrawn, and the Patent Office will issue a notice of deemed withdrawal. If the applicant has justified reasons, he may, within two months from the date of receiving the notice deemed to be withdrawn, request the Patent Office to restore his rights and explain the reasons.

anyone who requests the restoration of rights shall submit a "request for restoration of rights", explain the legitimate reasons for delaying the time limit, pay the restoration fee, and at the same time, complete all the unfinished formalities that should be handled. The formalities for completing the formalities and paying the fees shall generally be completed within the above two months.

9. Go through the formalities of patent registration

If the application for a patent for utility model and design has been preliminarily examined, and the application for a patent for invention has been substantially examined, and no reason for rejection has been found, the Patent Office will issue a notice of authorization and a notice of registration. After receiving the notice of authorization and the notice of registration, the applicant shall go through the registration formalities and pay the prescribed fees within two months according to the requirements of the notice.

if the registration formalities are completed within the time limit and the prescribed fees are paid, the patent office will grant the patent right, issue a patent certificate, record it in the patent register and announce it in the patent bulletin, and the patent right will take effect from the date of announcement. Failure to go through the registration formalities within the prescribed time limit shall be regarded as giving up the right to obtain the patent right.

11. Fees to be paid for registration

When going through the registration formalities, there is no need to submit any documents, and the applicant only needs to pay the patent registration fee, announcement printing fee, annual fee and stamp duty for the authorized year as required.

11. Maintenance of patent right

After a patent application is granted a patent right, the patentee shall pay the annual fee for the next year one month before the expiration of each year. If the annual fee is not paid or paid in full, the Patent Office will issue a notice of payment, informing the patentee to pay it back within six months from the date when the annual fee should be paid, and at the same time pay the late fee.

the amount of late payment fee is calculated by adding 5% of the full annual fee of the current year for each month beyond the prescribed payment time; If the payment is not made or the amount paid is insufficient, the patent right shall be terminated from the date when the annual fee payable expires.

12. Termination of patent right

The termination of patent right can be divided into the following reasons according to its termination:

(1) Termination upon expiration: the patent right for invention lasts for 21 years from the date of application, and the patent right for utility model or design lasts for over 11 years from the date of application, and is terminated according to law;

(2) Termination of non-payment: If the applicant fails to pay or fully pay the annual fee and late fee after the Patent Office issues a payment notice informing the applicant to pay the annual fee and late fee, the patent right will be terminated from the expiration date of the previous year;

(3) Termination due to the abandonment of the patent right by the patentee: After the patent right is granted, the patentee can voluntarily request to abandon the patent right at any time by submitting a declaration of abandonment of the patent right. The date of issuance of the notice of conformity issued by the examiner in response to the declaration of abandonment of the patent right is the effective date, and the abandoned patent right shall be terminated from that date.

13. Invalidation of Patent Right

From the date of authorization, if any unit or individual thinks that the grant of the patent right is not in conformity with the relevant provisions of the Patent Law, it may request that the patent right be declared invalid. Where a patent right is requested to be declared invalid or partially invalid, the applicant shall pay the fees as required, submit a request for invalidation, state the patent name and patent number of the patent requested to be declared invalid, and state the facts and reasons on which it is based, and

attach the necessary evidence. If any party refuses to accept the decision made on the patent invalidation request, it may bring a suit in a people's court within three months from the date of receiving the notice. The patent office shall register and announce the decision after it becomes legally effective. An invalid patent right shall be deemed as nonexistent from the beginning.