What information do you need for trademark registration?
To apply for trademark registration, an application for trademark registration and other documents shall be submitted to the Trademark Office. The specific requirements are:
1. The applicant must submit an application for trademark registration in accordance with the principle of one trademark application for one commodity. In other words, the goods or services declared by an application can only be limited to one category in the international classification of goods and services registered by trademarks. Where a trademark agency is entrusted to handle the matter on its behalf, a copy of the power of attorney for trademark agency shall also be submitted.
2. The application for trademark registration shall be filled in neatly, and the name and address of the applicant shall be accurate.
3. Each application shall be accompanied by 10 color trademark with trademark pattern (specified color), 10 color pattern and 1 black and white ink manuscript).
4. If you produce a copy of the business license of the enterprise or provide a copy of the business license signed by the issuing authority and apply for a registered trademark in the name of a natural person, you shall provide the corresponding identity documents.
5. The application documents shall be in Chinese, and the foreign language documents shall be accompanied by Chinese translation.
6. Where a portrait of a person is used as a trademark to apply for registration, the applicant must provide a power of attorney from the owner of the portrait, which shall be notarized by a notary office.
7. Where a foreign applicant claims priority, the country, date and application number of the initial application shall be filled in the application form, and the documents claiming priority shall be submitted to the Trademark Office within 3 months. If it is not submitted within the time limit, it shall be deemed that priority has not been claimed.
8. To apply for the registration of a collective trademark or a certification trademark, it is also necessary to provide corresponding articles of association and subject qualification certificates.
How to register a trademark?
1. Select the registration method.
One is to apply for registration in the Trademark Office of the State Administration for Industry and Commerce; The other is to entrust an experienced trademark agency to organize agency services.
Note: If you have no experience in registering trademarks and do not understand relevant laws and regulations, I suggest you entrust an agency to help, which will save you a lot of time and energy. I have entrusted a similar organization to help me register before, and the handling fee is only 1000 yuan-ranging from 300 yuan.
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It is best to find an authoritative inquiry company before registration, because your trademark may be the same as or similar to that of other registrants, so the inquiry before registration can greatly reduce the risk of trademark registration and improve the certainty of trademark registration.
Note: Because different people are in charge of trademark inquiry and examination, they may have different opinions on the viewpoint of examination, so the result of trademark inquiry cannot be used as the final legal basis.
Step 2 prepare materials
Prepare 10 trademark patterns (10 color patterns and 1 1 black-and-white ink draft are required for color trademarks with specified colors), with the length and width not exceeding 10 cm and not less than 5 cm. If the direction of the trademark pattern is not clear, the upper and lower parts should be marked with arrows; 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. The business scope is consistent with the registered trademark; If an enterprise applies, it shall present and submit a copy of its business license; An application for trademark registration stamped with the official seal of the unit.
Step 3 start applying
4. Apply according to the classification of goods and services.
At present, goods and services are divided into 45 categories, including 34 categories of goods and services 1 1. When applying for registration, the category of goods or services using trademarks shall be determined according to the classification in the Classification Table of Goods and Services; Where the same applicant uses the same trademark on different categories of goods, it shall apply for registration according to different categories.
5. Determination of application date
This is the most important point: because China adopts the principle of applying first in trademark registration, once you have a trademark dispute with other enterprises, the enterprise with the earlier 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.
Then 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 the renewal of the trademark registration.
6. Obtain a trademark registration certificate
After a trademark is registered, the Trademark Office issues a certificate to the registrant.
If it is organized by an agent, the agent will send the trademark registration certificate to the registrant; For direct registration, the registrant shall obtain the trademark certificate from the Trademark Office within three months after receiving the Notice of Obtaining the Trademark Registration Certificate. At the same time, he shall also bring with him a letter of introduction for obtaining the trademark registration certificate, the witness's ID card and its photocopy, the original 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.
Note: It usually takes about one year to three and a half years from the application to the issuance of a new trademark, in which the acceptance and formal examination of the application takes about one month, the substantive examination takes about 24 to 30 months, the objection period is three months, and the approval announcement takes about two months to the issuance of the trademark.
How long is the trademark announcement?
Trademark examination and approval refers to the decision to approve the registration of a trademark that meets the relevant provisions of the Trademark Law after examination. And make an announcement in the trademark announcement. If no objection is raised within three months from the date of the announcement of preliminary examination and approval, the trademark shall be registered and a registration announcement shall be issued at the same time. If no objection is raised within three months or the objection is ruled invalid, the trademark will take effect and a registration certificate will be issued.
What is the process of trademark examination?
Trademark review is divided into formal review and substantive review. (1) Trademark form review (3? 4 months), it is very important to establish the application date. Because China's trademark registration adopts the principle of applying first, once the application date occurs, it will become the legal basis for determining the trademark right. The date of application for trademark registration shall be the date when the Trademark Office receives the application documents. The Trademark Office accepts trademark applications and issues a Notice of Acceptance to those who meet the formal requirements. (2) Examination of the substance of a trademark (65,438+02 months) is a series of activities such as examination, data retrieval, analysis and comparison, investigation and study, and decision of preliminary approval or rejection by the trademark registration authority. In the meantime, please don't mark the registration mark (such as? Registered trademark? Wait. ), can be marked? TM？ . In addition, before the registration is approved, it is not advisable to make too many products and packages with the trademark or trademark logo at one time, in case the registration is blocked and unnecessary losses are caused.
What are the ways to obtain trademark rights?
The acquisition of trademark rights can be divided into original acquisition and derivative acquisition. According to Article 3 of China's Trademark Law, the original acquisition of trademark rights shall be handled in accordance with trademark registration procedures. The exclusive right to use a registered trademark of a trademark registrant is protected by law. Derivative acquisition shall be handled in accordance with the contract transfer and inheritance procedures of registered trademarks.
China's Trademark Law establishes a system of obtaining trademark rights, which is voluntary registration of trademarks, so that some people apply for registration of trademarks and some people do not register their own trademarks. Therefore, according to the law, there are two situations. One is that the registered trademark is registered, and the other is that the unregistered trademark is unregistered. These two trademarks exist legally, and the use of unregistered trademarks cannot be prohibited just because they are not registered.
trade mark registration
trade mark registration