Information required by Zhengzhou Trademark Registration Company for trademark registration 1. To apply for registration in the name of an enterprise, a copy of the business license shall be provided and the official seal shall be affixed to the copy of the business license;
2. To apply for registration in the name of an individual, provide a copy of 1 personal ID card and a copy of the business license of individual industrial and commercial households, which shall be stamped with the official seal;
3. Provide trademark words or patterns, and if color protection is needed, color patterns are also needed;
4. The goods/services to be registered can be filled in according to the goods or services operated by the applicant, with reference to the ninth edition of the International Classification of Goods and Services for Trademark Registration (Nice Classification) and the similar classification of goods and services revised by the Trademark Office according to the above international classification;
5. Provide a power of attorney for trademark agency with official seal or signature, which can be downloaded from this website; In particular, the address in the trademark power of attorney should be exactly the same as the registered address in the business license.
Trademark registration process Trademark registration process I. Formal review
After formal examination, if the application procedures are complete and the application documents are filled in accordance with the regulations, the Trademark Office will issue a notice of acceptance.
If the application procedures are incomplete or the application documents are not filled in as required, a notice of rejection shall be issued and returned, and the application date shall not be retained.
If the application procedures are basically complete or the application documents basically meet the requirements, but need to be corrected, the Trademark Office will issue the Notice of Correction of Trademark Registration Application. If the applicant makes corrections within the time limit and returns them to the Trademark Office, the date of application shall be kept; If it is not corrected or corrected within the time limit, the Trademark Office will issue a notice of rejection and return it, and the application date will not be retained.
Trademark registration process II. Substantive inspection
Trademark applications enter substantive examination after passing formal examination. After substantive examination, the Trademark Office shall preliminarily examine and approve the trademark application that meets the relevant provisions of the Trademark Law and make an announcement.
If the application is rejected, a notice of rejection shall be issued to the applicant.
If the Trademark Office considers that the contents of the application for trademark registration can be modified, it shall issue an examination opinion. If the applicant gives a reply within the time limit, the Trademark Office will continue the examination.
A trademark that has been preliminarily examined and approved shall be announced by the China Trademark Office in the Trademark Announcement.
Within three months from the date of announcement, anyone may raise an objection to the trademark preliminarily approved by the China Trademark Office.
If it is ruled that there is no objection or the objection is untenable, the China Trademark Office will approve the registration, issue a trademark registration certificate, and make an announcement in the Trademark Announcement; If the objection is established, the registration shall not be approved.
Review request
In the process of trademark registration, if the applicant is not satisfied with the rejection of the trademark registration application by the Trademark Office, he may request a reexamination to the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board shall make a final decision on approval or disapproval of registration and notify the applicant in writing. If a party refuses to accept the objection ruling of the Trademark Office, he may request a review to the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board shall make a final decision and notify the parties in writing.
What are the risks of trademark agency? How to prevent it? False propaganda and misleading customers are typical manifestations of the abnormal development of trademark agency industry.
Some institutions claim to be? State-designated trademark agency? Trademark office of SAIC or trademark registration center of SAIC? , say? Can the trademark be 100% registered successfully? Can you occupy the trademark for the customer first without payment or any formalities? Wait, these propaganda lies are easy for consumers to see through, which will directly lead to their dissatisfaction with the agency? Trust panic? .
Fraud and fraudulent management also reflect the dishonest state of the trademark agency industry.
Before entering the market, trademark agencies should not only apply for the documents needed for business operations, but also file with the Trademark Office of the State Administration for Industry and Commerce. Only after successful filing can you obtain the qualification of trademark registration as an agent. However, in practice, some trademark agencies do business by entrusting others to submit registration applications before their applications are successful, so that the interests of applicants are not guaranteed. In addition, some trademark agencies do not submit registration applications to the Trademark Office at all after accepting the entrustment of the applicant. At the request and urging of the applicant, they forged relevant documents to deal with the matter, and even closed down and disappeared after operating for a period of time. What about the applicant? Draw water with a sieve? .
The distorted development of trademark agency industry is also reflected in the low quality of agency consulting services, lack of professional standards, unfair competition and so on.
In recent years, various subjects and personnel have flooded into the trademark agency industry. Some agencies blindly pursue the increase of business volume and contracted quantity, and pay little attention to the quality of service, thus causing the loss of the applicant's trademark rights and interests. In addition, in order to seize market resources, various malicious means such as price reduction and slander have also been used by some agencies to conduct unfair competition.
In view of the endless illegal agency behavior in the market, as a trademark agency practitioner, I suggest that the applicant start from the following four aspects to prevent agency traps.
How to guard against these risks? First, first, through the Trademark Office of the State Administration for Industry and Commerce, official website inquired about the qualifications of relevant agencies, and chose a trustworthy agency to provide agency services for himself. In principle, try to choose institutions that have been established for a long time and have good comprehensive reputation. In addition, priority can be given to the agency in Beijing, because the geographical location is convenient to communicate with the Trademark Office and deliver materials. Or choose a local agency, once a dispute occurs, it is also conducive to timely settlement.
The second is to have a certain understanding of the industry division of the trademark to be registered. When applying for a registered trademark, the applicant should know exactly what kind of goods or services he belongs to, and judge which related categories of trademarks he needs to register according to his future development plan. This can prevent some trademark agencies from encouraging applicants to register all categories unnecessarily in order to overcharge.
Third, master trademark registration procedures, pay attention to the dynamics of registration applications, and avoid trusting the promises of agencies. The Trademark Office's examination of registered trademark applications is conducted according to the time of application, which does not exist? Cut in line? In short, we should avoid trusting the so-called acquaintances of the intermediary to ensure that the audit speed is accelerated. Generally speaking, in a complete trademark registration application process, the time from submitting the application to receiving the notice of acceptance of the registration application should be 3~4 months. Problems may arise if the agency receives the acceptance notice 3 months earlier or 4 months later. At this time, the applicant should consult China Trademark Network to keep abreast of the situation.
Fourth, correctly treat trademark rejection and trademark objection. In the face of trademark failure, the applicant should treat it correctly and decide whether to reject the review on the basis of comprehensive consideration. When some institutions claim that the review insurance is out of date, the applicant can't believe it.
The importance of registering a trademark and applying for a patent lies in the use of a trademark, because it is only a sign that distinguishes other goods and services. Patents focus on monopoly, which can realize the possibility of seizing the market. Strictly speaking, if others don't infringe your trademark right, you don't have to rely on the trademark to attack your competitors (except to compete and compare with your competitors in brand building and product quality, but this is not the function of the trademark itself), but patents can.
If an enterprise only applies for a trademark and there is no relevant patent to protect it, then the intellectual property protection done by this enterprise is still very primary. Others can crush you with the patent right. Don't say that the products you produce have no technical content. There is a kind of patent right called design patent, whose main purpose is to protect? Design? Yes China's patent law implements the principle of first application, and there is no such thing as the prior use of trademarks, nor does it protect products or methods that have been used in advance but have not applied for patents. The following briefly introduces several enterprises. Due to negligence in trademark registration or patent application, trademarks are registered by others and patents are infringed.
First, the products of enterprises are popular products, which are at the same level as those of competitors. It is considered that it is the same whether the trademark is marked or not, and enterprises only need to do a good job of service. When the enterprise has done a good job in service, it has developed. Now it is found that it sells not only products but also services. It wants to distinguish its service quality from its competitors, so it wants to register its name as a trademark, but it has been registered by others.
Second, when the enterprise was first established, it was small in scale, and it didn't matter whether it was a trademark or not. It even thinks that the name of the enterprise is the brand of the enterprise, and there is no need to register a trademark. With the growth of the enterprise, it is found that its own enterprise name has been registered by others, and the enterprise has to re-register its trademark and re-build its brand.
Third, enterprises are trading (or agency) companies that sell products from other manufacturers, such as non-productive companies such as exclusive agents and brand agents, and often feel that it is not necessary to build their own brands. However, when the enterprise develops into a chain operation, it finds that its own enterprise name has been registered as a trademark by others, or it takes several years for the enterprise to promote other people's products (the goods it represents). After the agency is suspended, it finds that it has made a wedding dress for others in brand strategy and neglected the creation of its own brand.
Fourth, the enterprise has begun to take shape, and has registered trademarks, even with the registered trademark of 10. At this time, enterprises often think that the protection of trademark registration has been put in place, so they can rest assured. But this time is often the most dangerous for enterprises, because with the growth of enterprises (the expansion of trademark awareness), brand-name phenomena began to appear, and some small enterprises began to compete unfairly around the trademarks of successful enterprises. A few years ago have gradually passed. Therefore, applying for a patent is also an urgent and necessary thing. Only in this way can we protect our own interests.
Therefore, to fully protect intellectual property rights, we should not only register trademarks or apply for patents, but also protect intellectual property rights as a whole and formulate relevant strategies.