Registered trademarks in Qingdao are also very common now. What are the general procedures for the registration of Qingdao trademarks? How to register Qingdao trademark? Xiaobian brought it to you? Qingdao trademark registration? Related knowledge, which may be what you need. What is the procedure of Qingdao trademark registration
(1) Preparation for registration
Choose the registration method: one is to apply for registration at the Trademark Office of the State Administration for Industry and Commerce; The other is to entrust an experienced trademark agency to organize agency services.
(II) Preparation of materials
Prepare 11 pieces of trademark patterns (for colored trademarks with specified colors, 11 pieces of colored patterns and 1 pieces of black-and-white ink draft), with the length and width not more than 11 cm and not less than 5 cm. If the direction of trademark patterns is unclear, the arrows shall be used to indicate the upper and lower parts; If an individual applies, he/she needs to show his/her ID card and submit a copy, plus a copy of his/her business license, and the business scope is consistent with the registered trademark; If an enterprise applies, a copy of the Business License of the enterprise shall be presented and submitted; An application for trademark registration with the official seal of the unit.
(3) Apply by category of goods and services
At present, goods and services are divided into 45 categories, including 34 categories of goods and 11 categories of services. When applying for registration, the categories of goods or services that use trademarks shall be determined according to the classification of goods and services classification table; Where the same applicant uses the same trademark on different categories of goods, he shall apply for registration according to different categories.
(IV) Determination of the date of application
This is the most important point: since the principle of prior application is adopted in China's trademark registration, once you have a trademark dispute with other enterprises, the enterprise with prior application date will be protected by law. Therefore, it is very important to establish the application date, which is based on the date when the Trademark Office receives the application.
there are three procedures: trademark examination, preliminary examination announcement and registration announcement. It should be emphasized that a trademark that has passed the preliminary examination by the Trademark Office cannot be registered until three months after the announcement, and the trademark is protected by law. The period of validity of a registered trademark is ten years, counting from the date of approval of registration. If it is necessary to continue to use the trademark after the expiration of the validity period, it may apply for trademark renewal registration.
(V) Obtaining a Trademark Registration Certificate
After the trademark is registered, the Trademark Office issues a certificate to the registrant. If it is organized through an agent, the agent sends the Trademark Registration Certificate to the registrant; In case of direct registration, the registrant should go to the Trademark Office to obtain the trademark certificate within three months after receiving the Notice of Obtaining the Trademark Registration Certificate, and at the same time, he should also bring: a letter of introduction to obtain the trademark registration certificate, the ID card and photocopy of the witness, the original copy of the business license and the photocopy stamped by the local industrial and commercial department, the notice of obtaining the trademark registration certificate, and the certificate of change issued by the industrial and commercial department if the name of the trademark registrant changes.
it usually takes about one year to three and a half years for a newly applied trademark to be issued, including one month for application acceptance and formal examination, 24 to 31 months for substantive examination, three months for objection, and two months for approval and announcement to be issued.
(VI) Instructions for trademark registration
If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for the goods or services it produces, manufactures, processes, selects or distributes, it shall file an application for trademark registration with the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) according to law. In a narrow sense, the application for trademark registration only refers to the application for trademark registration of goods and services, international registration of trademarks, registration of certification trademarks, registration of collective trademarks and registration of special signs. The application for trademark registration in a broad sense includes not only the contents of the application for trademark registration in a narrow sense, but also the application for alteration, renewal and transfer of registration, the application for objection, the application for filing the trademark license contract and the handling of other trademark registration matters. What are the special requirements for registering a Qingdao trademark
(1) Elements of a trademark
The elements of a trademark must be distinctive and easy to distinguish. Article 7 of the Trademark Law stipulates that the characters, figures or their combinations used in trademarks should have distinctive features and be easy to identify.
(II) Prohibition clauses
Article 8 of the Trademark Law stipulates the following kinds of words and graphics that are prohibited from being used as trademarks:
1. Words and graphics that are the same as or similar to the national name, national flag, national emblem, military flag and medal of the People's Republic of China;
2. Words and graphics identical with or similar to foreign country names, national flags, national emblems and military flags;
3. Words and graphics with the same or similar names as the flags, emblems and names of intergovernmental international organizations;
4. the same? Red Cross? 、? Red Crescent? The logo, the same or similar words and graphics;
5. Common name and figure of this product;
6. Words and figures that directly indicate the quality, main raw materials, functions, uses, weight, quantity and other characteristics of commodities;
7. Words and graphics with ethnic discrimination;
8. Words and graphics that exaggerate propaganda and are deceptive;
9. Words and graphics that are harmful to socialist morality or have other adverse effects;
11. Place names of administrative divisions at or above the county level or foreign place names known to the public. The above-mentioned place names shall not be used as trademarks, except those with other meaning names, and the registered trademarks using place names shall remain valid.
It is particularly important to note that a trademark applied for registration on the same or similar goods shall not use the same or similar words, figures or their combinations as the registered trademarks of others or the trademarks preliminarily approved; Where a registered trademark is revoked or not renewed upon expiration, a trademark identical with or similar to that trademark shall not be approved within 1 years from the date of revocation or cancellation. What should I do if Qingdao's trademark registration is rejected?
According to Article 32 of the Trademark Law, the Trademark Office shall notify the trademark registration applicant in writing of the trademark that is rejected and not announced. If the applicant for trademark registration is not satisfied, he may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice, and the Trademark Review and Adjudication Board shall make a decision and notify the applicant in writing. If a party refuses to accept the decision of the Trademark Review and Adjudication Board, he may bring a suit in a people's court within 31 days from the date of receiving the notice.
There are many reasons for the rejection of trademarks, which usually include the following:
1. It is caused by unfavorable trademark inquiry. Judging from the current situation of trademark registration, most trademarks are submitted through agency organizations. If there is an agency organization, the query work is generally completed by the agency organization. Therefore, the rejection of trademarks is mostly due to the unfavorable inquiry of trademark agencies. Therefore, the author has also said that in trademark registration, the applicant can only compare the price, and should also make more comparisons in the quality of service. Although the agency organization is not omnipotent, a good agency organization has more experience in avoiding rejection, which is relatively beneficial to the smooth application of trademarks.
2, due to the blind check period. The agency organization query mentioned above is unfavorable, which refers to the query outside the blind search period. The author mentioned the blind search period in many articles before. Trademark unification is reviewed in Beijing. It is impossible for the General Administration of Trademarks to enter all trademarks into the system on the same day. The data queried are all data from three months ago. If someone applied for the trademark that the applicant wants to inquire about a week ago, this risk is inevitable and the result cannot be inquired. If this reason is rejected, the responsibility is not borne by the agency, but usually borne by the applicant.
3. Due to violation of mandatory regulations. Trademarks that violate compulsory regulations include: no significance, exaggerated publicity, adverse effects and many other reasons. For example, 29 kinds of spicy and arrogant trademarks were rejected on the grounds that they were not significant. This is also the reason for the 31 kinds of underfire trademarks. Class 33 cistanche trademarks were rejected on the grounds of common names. 11 class has been registered? Genghis Khan? On the toilet, it was revoked as a trademark with bad influence.
Qingdao trademark registration