Natural persons, legal persons or other organizations in the production and business activities, its goods or services need to obtain the exclusive right to use a trademark, should apply to the Trademark Office for trademark registration. The International Classification of Goods and Services for Trademark Registration*** has 45 categories, of which 34 are for goods and 11 for services. Trademarks designated for use on goods are goods trademarks, and trademarks designated for use on services are service trademarks.

What are the conditions and information required for trademark registration?

Two ways

There are two ways to apply for the registration of a trademark for goods or services:

(1) Appointing a trademark agency for the record in the Trademark Office.

(b) the applicant directly to the Trademark Office Trademark Registration Hall

three, the processing steps

(a) entrusted to the trademark agency, the applicant can voluntarily choose any one of the trademark agency filed in the Trademark Office for processing. All trademark agencies filed in the Trademark Office are published in the agency column.

(2) If the applicant goes directly to the Trademark Office's Trademark Registration Hall, the applicant can follow the following steps:

Querying before applying for trademark registration (non-required procedure) Preparing the application documentsSubmitting the application documents at the Acceptance Window of the Trademark Registration HallConfirming the submission of the application at the Marking WindowPaying the fee at the Fee Payment WindowPaying the fees for trademark registration and receiving the fee receipts

Applicant After receiving the receipt, the work of submitting the trademark registration application is completed. The Trademark Office will issue various documents to the applicant. For the examination procedure of trademark registration, please refer to the Flow Chart of Trademark Registration. After receiving the Notice of Receipt of Trademark Registration Certificate, the applicant will go to the Trademark Registration Hall to receive the Trademark Registration Certificate.

Four, the pre-application inquiry (non-required procedures)

If the trademark registration application is rejected, the applicant on the one hand, the loss of trademark registration fees, on the other hand, re-apply for registration of the trademark will take time, and the re-application can be approved for registration is still in the state of uncertainty. Therefore, it is better for the applicant to conduct a trademark search before applying for registration of a trademark, to understand the prior rights, and to make a judgment based on the search results before submitting an application.

V. Preparation of Trademark Registration Application Documents

The following documents shall be submitted for the trademark registration application:

(1) Application for Trademark Registration

1. 1 copy of Application for Trademark Registration shall be submitted to the Trademark Office for each trademark registration application.

2. The Application for Trademark Registration can be filed in paper or data message. If filed in paper form, it shall be typed or printed. If the application is filed in the form of data message, the specific requirements shall be detailed in the relevant provisions of the online application.

3. If the applicant is a legal person or other organization, the official seal shall be affixed to the application in the designated position; if the applicant is a natural person, the applicant shall sign the application in the designated position with a pen or a signing pen.

4. When an applicant from Taiwan applies for trademark registration and requests for priority in Taiwan, the Application for Trademark Registration for the exclusive use of the applicant from Taiwan shall be applied.

5. "Application for Trademark Registration" fill in the requirements of the "Application for Trademark Registration" attached to fill in the instructions.

(B) the applicant copies of identity documents

1. The applicant is a domestic legal person or other organizations, shall submit a copy of the business license, certificate of registration of legal persons, certificates of legal persons of institutions, certificates of legal persons of social organizations, certificates of practice of law firms, licenses to practice in health care institutions and other valid certificates; the license to run a school, periodicals, organizational code certificates and other documents can not be as the applicant's identity documents.

2. The applicant is a domestic natural person, should be submitted to the ID card, passport, household registration certificate and other copies of valid identity documents, as well as submit a copy of the "individual business license" or a copy of the rural land contract. The scope of goods and services for which a natural person files an application for trademark registration shall be limited to the scope of its business in the business license or the relevant registration documents approved by the business, or the agricultural and sideline products under its own management.

3. If the applicant is a legal person or other organization from Hong Kong, Macao, Taiwan or abroad, a copy of the registration document of the region or country to which it belongs shall be submitted. The copies of registration documents of offices and permanent representative offices of foreign enterprises in China are invalid. If the above documents are in foreign languages, they shall be accompanied by Chinese translations; if they are not accompanied, it is deemed that the documents have not been submitted.

4. If the applicant is a natural person from Hong Kong, Macao or Taiwan and is applying on his/her own, a copy of the laissez-passer shall be submitted; if the applicant is a natural person from abroad and is applying on his/her own, a copy of his/her passport and a copy of his/her Alien Permanent Residence Permit, Alien Residence Permit or Alien Residence Permit issued by the public security department within the period of validity (more than one year) shall be submitted.

(C) entrusted to the trademark agency, shall submit the "Trademark Agency Power of Attorney"

1. "Trademark Agency Power of Attorney" shall set out the content and authority of the agent.

2. The applicant is a foreigner or a foreign enterprise, the "Trademark Agent Power of Attorney" shall contain the applicant's nationality.

3. Foreigners or foreign enterprises of the "Trademark Agent's Letter of Entrustment" and its related documents notarization and authentication procedures, in accordance with the principle of reciprocity.

(d) direct handling with the operator, shall submit a copy of the operator's identity document

(e) trademark drawings

1. Each application for registration of a trademark shall be submitted to a trademark drawings. If the application for trademark registration is made in color combination or coloring drawing, the coloring drawing shall be submitted, and 1 black and white draft shall be submitted; if no color is specified, the black and white drawing shall be submitted.

2. Trademark drawings must be clear, easy to paste, printed on glossy and durable paper or replace it with a photo, the length and width should be not more than 10 centimeters, not less than 5 centimeters. Trademark drawings should be pasted in the designated location of the Application for Trademark Registration.

3. If an application for trademark registration is filed with a three-dimensional sign, it shall be declared in the application and the manner of use of the trademark shall be stated in the Trademark Description column of the Application for Trademark Registration. The applicant shall submit a drawing that identifies the three-dimensional shape, and the trademark drawing shall contain at least three views.

4. Application for trademark registration of color combinations, should be declared in the application, and in the "Application for Trademark Registration" in the trademark description of the text description of the way the color code and the use of the trademark.

5. An application for registration of a trademark by a sound mark shall be declared in the application and the sound mark shall be described in the trademark drawing box, and a sample of the sound that meets the requirements shall be submitted, as well as a description of the use of the trademark in the Trademark Description column of the Application for Trademark Registration.

(1) Description of sound trademark. The sound applied for use as a trademark shall be described in five-stringed or simple music with additional textual description; if it cannot be described in five-stringed or simple music, it shall be described in text.

(2) Requirements for sound samples:

(1) If an application for registration of a sound trademark is filed in paper form, the audio file of the sound sample shall be stored in a read-only CD-ROM, and there shall be only one audio file in the CD-ROM. Where an application for registration of a sound trademark is filed by means of a data message, the sound sample shall be correctly uploaded in accordance with the requirements.

② sound samples of audio files should be less than 5MB, the format of wav or mp3.

(3) the description of the trademark and sound samples should be consistent.

(f) If priority is claimed, a written statement should be submitted, and at the same time, or within three months from the date of application, submit documents proving priority, including the original and a complete Chinese translation. If there is no written statement or the columns of application/exhibition country/region, application/exhibition date and application number are incomplete, it is deemed that priority has not been claimed. If the documents proving the priority are not submitted after the deadline or are incomplete, or if the documents are not sufficient to prove the priority, the priority shall be invalid.

(g) the portrait of others as a trademark drawing for registration applications, should be explained, and attached to the portrait of the person's authorization and notarized. Notarized certificate shall include the portrait of the portrait of the person. Natural persons, legal persons or other organizations will be another person's portrait as a trademark drawing for registration applications, the portrait of the person has died, shall be accompanied by a notarized certificate of the applicant's right to dispose of the portrait, the notarized certificate shall include the portrait of the portrait of the person.

Natural persons who apply for registration of their own portrait as a trademark drawing shall be explained and may not be accompanied by a notarized certificate.

(viii) the applicant to submit a variety of documents, supporting documents and evidential materials in a foreign language, shall be accompanied by a Chinese translation; not accompanied by the documents, supporting documents or evidential materials are deemed to have not submitted the documents, supporting documents or evidential materials.

(ix) the domestic mainland natural person for trademark registration application, in addition to the relevant provisions of the application for trademark registration, trademark drawings and other materials submitted, should also pay attention to comply with the "natural person for trademark registration application notes" requirements. Specific content is as follows:

In accordance with the "Chinese people's **** and the State Trademark Law" Article IV natural persons, legal persons or other organizations in the production and business activities, its goods or services need to obtain the exclusive right to trademark, shall apply to the Trademark Office for trademark registration. The provisions of this law on commodity trademarks, applicable to service trademarks, trademark registration, transfer and other applications in the name of a natural person, in addition to submitting the "Application for Trademark Registration" in accordance with the relevant provisions of the trademark drawings and other materials, should also pay attention to the following matters:

1. Individual industrial and commercial enterprises can be registered in the Individual Industrial and Commercial Enterprise Business License registered in the name of the applicant to file a trademark registration application, can also be registered in the license on the name, or in the name of the applicant. Individual businessmen can apply for trademark registration in the name of their "individual business license" as the name of the applicant, but also in the name of the person in charge of the license application for trademark registration. When the application is filed in the name of the person in charge, a copy of the following materials shall be submitted:

(1) the identity card of the person in charge;

(2) the business license.

2. Rural contractors can apply for trademark registration in the name of their contractors, the application should be submitted with a copy of the following materials:

(1) the identity card of the contractor

(2) the contract.

3. Other natural persons legally authorized to engage in business activities may file an application for trademark registration in the name of the operator as stated in the registration document issued by the relevant administrative organ, and a copy of the following materials shall be submitted with the application:

(1) the operator's identity card;

(2) the registration document issued by the relevant administrative organ.

4. The scope of goods and services for which a natural person files an application for trademark registration shall be limited to the scope of business approved by the natural person in the business license or the relevant registration document, or to the agricultural and sideline products under his own management.

Since 2013, some provinces and municipalities carrying out the pilot reform of the business registration system have begun to implement the new version of the business license for individual industrial and commercial households on a trial basis. The new version of the individual business license no longer records information on the scope of business, but sets up an important reminder column, which states that the business scope of the commercial subject is determined by the application form, and the specific information can be logged into the registration authority's designated information platform query. If the trademark registration application document containing a copy of the above new version of the individual business license is handled by the trademark registration hall itself, it should be submitted with the authentic and effective certificates on the business scope downloaded and printed from the designated website of the registration authority by the applicant's signature or seal; if it is entrusted to the agent through the trademark agency, the authentic and effective certificates on the business scope downloaded and printed from the designated website of the registration authority and confirmed by the seal of the trademark agency should be submitted at the same time. If the agent is entrusted through a trademark agency, the authentic and effective documents on the business scope downloaded and printed from the designated website of the registration authority shall be submitted at the same time.

5. The Trademark Office will not accept any application for trademark registration that does not comply with the provisions of Article 4 of the Trademark Law.

If the applicant provides false materials to obtain trademark registration, the Trademark Office will revoke the registered trademark

6. Payment of Trademark Registration Fee

Please refer to the relevant instructions for the amount of payment of the fee for accepting a trademark registration and the method of payment.

Seven, the trademark registration application correction procedures (non-required procedures)

Trademark registration application procedures are complete, in accordance with the provisions of the application documents and 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 fees, the Trademark Office shall not be accepted, and the applicant shall be notified in writing and the reason for it. 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. Within the specified period of time and return the corrections to the Trademark Office, the date of the application is retained; the expiration of the period of time is not corrected or not in accordance with the requirements of the corrections, the Trademark Office will not be accepted and notify the applicant in writing.

VIII, the substantive examination of trademark registration application procedures

The Trademark Office of the accepted application for trademark registration, in accordance with the relevant provisions of the Trademark Law for examination, to comply with the provisions of the application for registration of trademarks or the use of trademarks on some of the designated goods comply with the provisions of the application, to be initially examined and determined, and shall be published; on the non-compliance with the provisions of the application for registration of trademarks or the use of trademarks on some of the designated goods do not meet the requirements, to be rejected or dismissed. Compliance with the provisions of the application for registration of the use of a trademark on some of the designated goods, be rejected or rejected, and notify the applicant in writing and explain the reasons.

IX. Notes

(1) The Notification of Acceptance of Application for Registration only indicates that the application for trademark registration has been accepted by the Trademark Office, and does not indicate that the application has been approved.

(2) If an application for trademark registration is rejected, the applicant may apply to the Trademark Review and Adjudication Board for a review within 15 days from the date of receipt of the Notice of Rejection if he/she is not satisfied with the decision of rejection.

(3) If an application for registration of a trademark is opposed, if the applicant (i.e. the opposer) is dissatisfied with the Trademark Office's decision of not registering the trademark, the applicant may apply for a review to the Trademark Review and Adjudication Board within 15 days from the date of receipt of the notice.

(4) If a trademark remains unregistered after the application is filed but before the registration is approved, it must still be used as an unregistered trademark. If the use of the trademark infringes the exclusive right to use the trademark of another person, it shall not affect the investigation and handling of the act by the relevant industrial and commercial administrative authorities.

(e) the registered trademark is valid for 10 years from the date of approval of registration. Registered trademark expires need to continue to use, the trademark registrant shall within 12 months before the expiration of the renewal procedures. Trademark registrant fails to handle during this period, can be in the expiration of six months after the expiration of the grace period, but must pay the acceptance of the renewal of the registration of late fee. After the expiration of the grace period

If the application for renewal is still not filed, the Trademark Office will cancel the registered trademark, and if the original registrant wants to continue to have the exclusive right to use the trademark, he or she must file a new application for registration.

What are the conditions for applying for a registered trademark

Trademark as a modern sign carries the intangible assets of the enterprise, and is the medium of comprehensive information transfer. Trademark as the most important part of the enterprise strategy, in the process of corporate image transfer, is the most widely used, the highest frequency of appearance, but also the most critical elements. The strong overall strength of the enterprise, perfect management mechanism, quality products and services, are all encapsulated in the logo, through constant stimulation and repeated portrayal, y left in the hearts of the audience.

Application for registration of trademarks to have the conditions of trademarks, its main basic function is to mark and differentiate the role, so China's Trademark Law stipulates that trademarks used in the text, graphics) or a combination of them should have a distinctive character, easy to identify, so the distinctiveness of the application for registration of trademarks should have the most important conditions of the nature of the main.

What are the basic conditions to be met when applying for a registered trademark

China does not have strict requirements for trademark applicants, and Article 4 of the Trademark Law stipulates that: a natural person, a legal person, or other organizations in the production and business activities of their goods or services need to obtain the exclusive right to use a trademark, shall apply for trademark registration to the Trademark Office. This also means that individuals or legal persons can apply for trademark registration, but when submitting an application for trademark registration should be provided with proof of the qualifications of the main business, such as individual business license, company business license, and so on. The application for registration of trademarks is not so simple, but also need to meet some basic conditions.

A trademark to be registered successfully is required to meet some basic conditions, do not meet these conditions, the trademark is at risk of being rejected. Once the trademark is rejected, subsequent re-examination and defense will ensue, which not only wastes the application fee, agency fee and other related expenses, but also wastes the applicant's time and resources.

Trademark registration application of the basic conditions:

(a) trademark application documents are available: trademark registration application should be stamped with the applicant's seal, entrusted to the agent should provide a trademark agency power of attorney and stamped with the agent's seal; direct handling also need to provide: a copy of the applicant's business license or a copy of the business license with the seal of the local industry and commerce administration, the applicant's letter of introduction, the applicant's ID card copy. A copy of the applicant's letter of introduction, a copy of the identity card of the person in charge;

(b) the application is filled out in a standardized manner, such as the need for change, need to be stamped with a stamp or signature;

(c) the trademark pattern must be clear, easy to paste;

(d) the applicant to use the drugs, cigarettes, or newspapers and magazines for trademark registration, to provide the relevant departments of the documents;

(e) the use of human portraits as trademarks Application for registration, must provide the portrait of the person authorization and notarized by a notary public;

(f) for collective marks and certification trademarks are also required to provide proof of the applicant's qualifications of the main body of the trademark use of the administrative rules.

Trademarks should be registered in a timely manner, but we can not therefore ignore some of the details of the preparation. Trademarks on the development of the significance of the enterprise is huge, the sooner the trademark can be registered the sooner the product into the market, so we should pay more attention to the preparation of adequate, if because of insufficient materials lead to the trademark application does not meet the conditions and was rejected by the Trademark Office, then the waste of time, money is also a loss, and even your brand may have lost the best time to put into the market.

According to China's trademark law, trademarks are not allowed to use the following words, graphics:

(1) with the Chinese people*** and the country's national name, national flag, national emblem, military flag, medals of the same or similar text, graphics;

(2) with foreign countries with the same name of the country, national flag, national emblem, military flag, medals of the same or similar text, graphics;

(1) with the national name of the country, national flag, national emblem, military flag, medals of the same or similar text, graphics;

(4) Words or graphics identical or similar to the symbols or names of the Red Cross or Red Crescent;

(5) Common names and graphics of the goods;

(6) Words or graphics directly indicating the quality, main raw materials, functional use, weight, quantity and other characteristics of the goods;

(7) Ethnically discriminatory words or graphics;

(8) Words or graphics directly expressing the quality, main raw materials, functional use, weight, quantity and other characteristics of the goods;

(9) Words or graphics with a national origin;

(10) Words and graphics with a national origin;

(8) Exaggerated propaganda and deceptive text, graphics;

(9) Harmful to socialist morals or other adverse effects of text, graphics.

Note: The names of places in the administrative divisions above the county level or the names of foreign places known to the public shall not be used as trademarks, but the names of places have other meanings, except that the registered trademarks using the names of places shall continue to be valid.

Trademark is a legal term, is a production operator in its production, manufacturing, processing, picking or distribution of goods or services, in order to distinguish between the source of goods or services, has a distinctive feature of the sign, generally by the text, graphics, or a combination of them. Trademarks approved and registered by the state are registered trademarks and are protected by law. Trademark registrant enjoys the exclusive right to use the trademark