How long does it take to file a trademark application? How long does it take to apply for a trademark? Take a look at the following small make-up for you to bring? How long does it take to apply for a trademark?
A: a new application for a trademark from the application to the issuance of a certificate generally takes about one year to three and a half years, of which the application acceptance and form of examination takes about one month, the substantive examination takes about 24 to 30 months, the opposition period of three months, the approval of the announcement to the issuance of the certificate about two months.
What is the process of trademark registration
1, registration preparation
Choice of registration
One is to apply for registration to the State Administration for Industry and Commerce Trademark Office; the other is to entrust an experienced trademark agency organization agency services.
2, prepare the information
Prepare 10 trademark drawings (color trademarks of the specified colors, should be submitted to 10 coloring drawings, black and white ink draft 1), length and width of not more than 10 centimeters, not less than 5 centimeters, the direction of the trademark drawings is unclear, the application of the arrow to indicate the upper and lower; if an individual application, you need to show your ID card and submit a copy of the individual business license plus a copy of the application. And the scope of business with the registered trademark; if the enterprise application, the enterprise "business license" copy and submit a copy; stamped with the official seal of the trademark registration application.
3, start the application
4, according to the classification of goods and services to file an application
At present, the goods and services **** is divided into 45 categories, of which 34 categories of goods, service items 11 categories. Application for registration, should be classified according to the classification of goods and services classification table to determine the use of the trademark of goods or services; the same applicant in different categories of goods using the same trademark, should be based on different categories of applications for registration.
5, the determination of the date of application
This is the most important point: As China's trademark registration using the principle of first to apply, once you and other enterprises have disputes over the trademark right, the application date of the first enterprise will be protected by law. Therefore, it is very important to establish the filing date, which is based on the date of receipt of the application by the Trademark Office.
The next three procedures are trademark examination, preliminary examination announcement, and registration announcement. It should be emphasized that, after the Trademark Office of the preliminary examination of the trademark, to be published in the announcement of three months after no one to object to the registration can be completed, the trademark is subject to legal protection. The validity period of a registered trademark is ten years, calculated from the date of approval of registration. The expiration of the validity period, the need to continue to use, you can apply for renewal of the trademark registration.
6, get the trademark registration certificate
Trademark registration is completed, the Trademark Office issued a certificate to the registrant.
If it is through the agent organization by the agent to the registrant to send the "Trademark Registration Certificate"; direct registration, the registrant should be received in the "Trademark Registration Certificate Notice" within three months to the Trademark Office to collect the certificate, but also should bring: to collect the trademark registration certificate of the letter of introduction, the identity card of the witnesses and a copy of the ID card, the original copy of the business license and a copy of the seal stamped with the local industry and commerce department, to collect the trademark registration certificate. Trademark registration certificate notification, the name of the trademark registrant to be accompanied by a change in the name of the industrial and commercial sector to issue a certificate of change.
What is the principle of trademark registration application?
According to the Trademark Law, there are two principles for trademark registration in China:
①The principle of voluntary application for registration. Article 4 of the Trademark Law, enterprises, institutions and individual industrial and commercial enterprises, their production, manufacturing, processing, picking or distribution of goods or services provided by the need to obtain the exclusive right to trademarks, shall apply to the Trademark Office for trademark registration of goods or services. The need to obtain the exclusive right to use the trademark, that is, reflecting the principle of voluntary registration.
② mandatory registration principle. Trademark Law, Article 5 provides that the state must use registered trademarks of goods, must apply for trademark registration, without the approval of the registration, shall not be sold in the market. The goods referred to here must use registered trademarks, including human drugs and tobacco products.
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What are the materials for international trademark applications, and what do the parties need to apply for international trademark applications?
(1) Application. All countries are required to fill out the application, in addition to the United States provides that the application must be filled out by the applicant, most other countries do not provide, the application can be filled out by the agent on behalf of the application, China also accepts this kind of application, because of the classification of goods in different countries, the applicant often confused how to fill out the application, had to sign the blank application entrusted to the agent to fill out the application in advance.
The content of the application is largely the same, mainly:
-application for registration of the trademark, the use of goods and categories, the applicant (business name), responsible person (signature) and position, business address, some countries also require that the applicant is a manufacturer or seller, or both;
-The earliest use of the trademark in the country where the application for registration date (It is required to be accompanied by proof of the sale of goods in that country);
- The words of the trademark if not in the language of the country, the meaning of the words of the trademark is required to be stated and phonetic translation.
-Many countries also require a description of the use and principal raw materials of goods that are not readily recognizable, accompanied by samples and instructions.
In addition, most countries require that each trademark should be filled out 1 application, there are a few countries exceptions, as long as the trademark is the same, allowing several different categories of goods only 1 application.
(2) power of attorney. The power of attorney is the trademark applicant to entrust and authorize the agent to handle the application for trademark registration of important documents. The vast majority of countries require a power of attorney to accompany the application for registration.
Procedures for power of attorney are not the same, generally speaking, developed countries require a wider, such as the United States, France, Germany, Japan and other countries, the power of attorney by the applicant's signature can be, do not need to go through the notarization and authentication procedures. Some countries require power of attorney must be notarized or certified. China requires the power of attorney to be notarized, but if the other country does not need to be notarized or certified, China also according to the principle of reciprocity.
(3) the national registration documents. Some countries, such as the Madrid agreement of some countries and the Middle East Arab countries, when applying for trademark registration, the trademark must be submitted to the national registration documents. Some countries issued before the publication of China's trademark law has no registration of validity of the registration certificate, but also requires China's registration authority to provide the validity of the trademark for a period of 10 years of proof.
(4) certificate of nationality and business registration certificate. The certificate of nationality is a document that proves the nationality of the applicant. If the applicant is a corporate organization, as long as the applicant's country to obtain proof that it is organized under the laws of the country into a company that can be. Some countries provide for the submission of a certificate of business registration, or an extract from the company or business register in lieu of a certificate of nationality.
(5) other documents. A few countries also require the attachment of some other documents, such as Switzerland requires proof of business address; South Yemen requires a declaration of ownership of trademarks and so on.
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