How to apply for a store name patent
No matter what store you open, you need to have a store name, so that more consumers can remember our store. Some bosses want to apply for a patent for their own shops. Let's take a look at how to apply for a shop name patent. How to apply for a store name patent 1
1. Where to apply 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 a store is registered with the industrial and commercial bureau as an individual industrial and commercial household or company, it naturally obtains the "trade name right", and the trade name right enjoys the exclusive right in the place where the business name is registered.
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.
2. Requirements for patent application
1. The applicant is qualified to apply;
2. The object of patent should be one of invention, utility model and design;
3. Inventions and utility models for which patent rights are granted shall be novel, creative and practical.
legal basis
article 2 of the patent law of the people's Republic of China, which came into effect on June 1, 2121
inventions mentioned in this law refer to inventions, utility models and designs.
Article 22
Inventions and utility models for which patent rights are granted shall be novel, creative and practical.
novelty means that the invention or utility model does not belong to the prior art; No unit or individual has filed an application for the same invention or utility model with the administrative department for patent in the State Council before the filing date, and it is recorded in the patent application document or the' patent document' published after the filing date.
creativity means that compared with the prior art, the invention has outstanding substantive features and remarkable progress, and the utility model has substantive features and progress.
practicality means that the invention or utility model can be manufactured or used, and can produce positive effects.
the existing technology mentioned in this law refers to the technology known to the public at home and abroad before the filing date.
Third, what can be patented
The objects of patent protection in China include: invention, utility model and design.
1. Invention is a new technical scheme for the shape, method or improvement of products;
2. The utility model is a new technical scheme for the shape, structure or combination of products, which is a vulgar "gizmo";
3. Exterior design is a new aesthetic design for the shape, pattern, color or their combination of products, which is suitable for industrial application. How to apply for a store name patent 2
The store name only wants to be used by itself, that is, to establish a brand of its own. At this time, the category of registered trademarks is as follows:
1. Choose a 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.
it takes about 12 months from the submission of the application to the final obtaining of the trademark registration certificate, in which the application will be issued and accepted about 1 months after submission, the first 6 months after acceptance will be scheduled for review, the last 3 months will be the announcement period after passing the examination of the trademark office, and finally the certificate will be made and issued 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 a store name 3
How to apply for a patent for a restaurant name
Generally, a restaurant name cannot be patented, but a trademark can be applied.
(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 procedures:
① First, inquire about the trademarks. If there are no identical or similar trademarks 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 review 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.
Relevant legal knowledge
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.