The International Classification of Goods and Services for Trademark Registration*** has 45 categories, of which 34 are for goods and 11 for services.
The trademarks designated for use on goods are goods trademarks, and the trademarks designated for use on services are service trademarks.
Second, there are two ways to apply for the registration of a trademark or service mark: (1) entrusting a state-recognized trademark agency to handle.
(b) the applicant directly to the Trademark Office's trademark registration hall to handle.
Third, the steps (a) entrusted to the trademark agency, the applicant can voluntarily choose any one of the state-recognized trademark agency.
All trademark agencies in the Trademark Office for the record are published in the "agency" column.
(B) the applicant directly to the Trademark Office of the Trademark Registration Hall, the applicant can follow the following steps: Trademark registration application query (non-mandatory procedures) → Preparation of application documents → in the Trademark Registration Hall acceptance window to submit the application documents → in the coding window to play the receipt of the barcode → in the window to pay the fee to pay the trademark registration fee → one month or so, the Trademark Office to issue a "Notice of Acceptance". Trademark registration application correction (non-mandatory procedures) Fourth, the search before application (non-mandatory procedures) A trademark from application to approval of registration takes about 1.5 years.
If the trademark registration application is rejected, on the one hand, the loss of trademark registration fee, on the other hand, re-apply for registration of the trademark will take about one and a half years, and whether the re-application can be approved for registration is still in an unknown state.
Therefore, it is better for the applicant to conduct a trademark search before applying for registration of a trademark to understand the situation of prior rights, and to make a judgment on the basis of the search results before submitting an application.
If a trademark agent is appointed to handle the trademark registration application, the trademark agent will be responsible for the search.
(See "trademark registration application before the query") V. Trademark registration application documents (a) in the name of a legal person or other organization to apply for trademark registration, the following application documents should be submitted: 1, stamped with the applicant's official seal of the application for registration of the trademark.
2, 5 trademark drawings, the requirements of clear drawings, specifications for the length and width of not less than 5 centimeters and not more than 10 centimeters.
If the color is specified, 5 drawings in color, with a black and white ink drawing.
3, directly to the trademark registration hall, submit a copy of the applicant's business license, and show the original copy of the business license; if you can not show the original copy of the business license, the applicant's copy of the business license shall be stamped with the applicant's seal.
Commissioned by the trademark agency, submit a copy of the applicant's business license.
4, directly to the trademark registration hall for the submission of the identity card of the operator and its copy; entrusted to the trademark agency for the submission of the trademark agency power of attorney.
5. If the trademark is a portrait, the notarized statement that the portrait right holder agrees to register the portrait as a trademark should be attached.
(B) natural persons applying for trademark registration, the following application documents should be submitted: 1, the applicant's signature of the application for trademark registration.
2, 5 drawings of the trademark, requiring clear drawings, specifications for the length and width of not less than 5 centimeters and not more than 10 centimeters.
If the color is specified, 5 drawings in color, with a black and white ink drawing.
3, directly to the trademark registration hall, submit a copy of the applicant's own identity card or passport, and show the original identity card or passport; entrusted to a trademark agency, submit a letter of attorney for trademark agency and a copy of the applicant's identity card.
4, if the trademark is a portrait of the person applying for registration, should be accompanied by a notarized portrait of the person who agrees to the portrait as a trademark registration statement.
(C) fill out the specific requirements of the application for trademark registration 1, according to the "Trademark Law Enforcement Regulations" Article 15, the application for trademark registration and other relevant documents, should be typed or printed.
For handwritten trademark application documents, the Trademark Office will not be accepted; 2, the name and address of the applicant for trademark registration should be filled out in accordance with the "Business License", if the address in the "Business License" is not crowned with the name of the enterprise location of the province, city, county, the applicant must be added in front of its address the name of the province, city, county.
The official seal should be identical with the "business license" on the enterprise name; 3, goods or services should be in accordance with the "Classification of Goods and Services Table" or "similar goods and services to distinguish between the table" to fill in the specification of the name of an application can only be filled out in a category of goods or services.
The name of the commodity or service item is not included in the classification table, should be accompanied by a description of the commodity or service item.
4, such as the applicant is a natural person, the name of the applicant in addition to fill in the name, but also after the name to fill in the identity card number; the applicant's address can be filled in the physical address of the natural person or mailing address.
5, such as the application for registration of trademarks are not three-dimensional trademarks and color groups and trademarks, the applicant should be in the type of trademark in the column of "general" before the box "√".
VI. Payment of Trademark Registration Fee Within a class of 10 trade names or service items, the fee for each application for registration of a trademark is 1000 yuan, more than 10 (excluding 10), and for each additional item, an additional 100 yuan.
If a trademark agency is commissioned to handle the application, the applicant shall pay the trademark registration fee and agency fee to the trademark agency, and the trademark registration fee charged by the Trademark Office shall be deducted from the advance payment made by the trademark agency.
VII, trademark registration application correction procedures (non-essential procedures) (a) brief description 1, directly to the Trademark Registration Hall for trademark registration application, such as the application procedures are basically complete or the application basically meets the requirements, but need to make corrections, the Trademark Office notified the applicant in writing to make corrections.
The applicant shall, within 30 days from the date of receipt of the notice, make corrections according to the specified content and return it to the Trademark Office.
The expiration of the period of time is not corrected, deemed to abandon the application.
2, entrusted to the trademark agency for trademark registration application, such as the application procedures are basically complete or the application documents basically comply with the provisions, but need to make corrections, the Trademark Office notified in writing that the trademark agency to make corrections.
Trademark agency shall, within 30 days from the date of receipt of the notice, make corrections according to the specified content and return it to the Trademark Office.
If no correction is made after the expiration of the period, the application is deemed to be abandoned.
(2) Notes 1, the applicant in accordance with the requirements of the irregularities or non-specific goods or services items to make corrections, can be amended or deleted.
The amendment should still be in accordance with the "similar goods and services to distinguish between the table" fill in the standardized name, but shall not expand the scope of goods or services.
2, because the trademark drawing is unclear or should fill in the description of the trademark and remedial correction, the applicant should be in accordance with the requirements of the Trademark Office to make corrections, and shall not make any substantial changes to the trademark, or it is considered invalid.
3, the applicant in accordance with the corrections required to modify, should be stamped with the applicant's official seal.
If the applicant is a natural person, it should be signed by himself.
If the application for trademark registration is entrusted to a trademark agency, the official seal of the trademark agency should be stamped.
VIII, part of the trademark registration application refusal procedure (non-mandatory procedures) (a) a brief description of the "Trademark Law Enforcement Regulations", Article 21 provides that: the Trademark Office of the trademark registration application, the use of trademarks on some of the designated goods of the application complies with the provisions of the registration shall be initially examined, and shall be published; on the use of trademarks on some of the designated goods does not comply with the provisions of the application, shall be rejected. The application for registration of a trademark for use on part of the designated goods shall be rejected, and the applicant shall be notified in writing with reasons.
When the Trademark Office makes a preliminary examination of an application for registration of a trademark for use on some of the designated goods, the applicant may, before the expiration of the opposition period, apply for abandonment of the application for registration of the trademark for use on the designated goods; if the application for abandonment of the application for registration of the trademark for use on the designated goods is made, the Trademark Office withdraws the original preliminary examination, terminates the examination procedure, and publishes the application afresh.
Therefore, this procedure is not mandatory for the substantive examination of trademarks.
(2) Processing The Notice of Partial Refusal of Trademark Registration is printed by the Trademark Office with a unified number and sent directly to the applicant by registered letter.
If the applicant is represented by a trademark agency, it will be sent to the trademark agency (except for self-pickup).
If the Notice of Partial Rejection of Trademark Registration fails to reach the applicant or the trademark agency for any reason and is returned by the post office, the Trademark Office will publish a notice of delivery of the Notice of Partial Rejection of Trademark Registration in the Trademark Bulletin, which will be deemed to be delivered within 20 days from the date of the notice.
If you come to the Trademark Office within 15 days from the date of service to go through the relevant procedures, the resumption of legal proceedings will be granted, otherwise it will be regarded as a waiver of rights.
IX. Precautions 1. When filling out the application for trademark registration, the applicant should fill in the address according to the business license.
After submitting the application, if there are matters such as correction, rejection or partial rejection, preliminary examination and approval announcement, and obtaining the Certificate of Trademark Registration, the Trademark Office will serve the applicant by registered mail based on the address.
If the applicant's actual address does not correspond to the address of the business license, the applicant should first apply for the change of address of the business license before submitting the application.
A change of address occurs after the submission of the application for registration of a trademark, can apply for a change of address with the changed business license and the corresponding procedures.
The applicant's address is not postal, it is best to entrust the trademark agency to handle the trademark registration application and other matters.
2, the Trademark Office receives the application, after the formal review of the complete formalities, fill in the standard, generally after one month by registered mail to the applicant "Notice of Acceptance".
If the application for trademark registration is entrusted to a trademark agency, the Trademark Office will mail the Notice of Acceptance to the trademark agency.
The Notice of Acceptance 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.
3. If the application for trademark registration is rejected, the applicant can apply to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce 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.
4. If the application for registration of a trademark is opposed, the applicant may apply to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce for a review within 15 days from the date of receipt of the decision on the opposition if the applicant is not satisfied with the decision of the Trademark Office on the opposition.
5. Under the circumstance that no application correction or opposition is filed, it takes about 1.5 years for a trademark to receive the Certificate of Trademark Registration from application.
After the trademark is approved for registration, if the trademark registration application is handled directly in the trademark registration hall, the Trademark Office will send the Notice of Receipt of Trademark Registration Certificate in accordance with the applicant's name and applicant's address as filled in the application for trademark registration; if the trademark registration application is entrusted to a trademark agency, the Trademark Office will send the Notice of Receipt of Trademark Registration Certificate to the trademark agency by mail.
6, if the applicant does not receive any information within 1 and a half years from the date of submitting the application for trademark registration, the applicant can make a free inquiry to the Trademark Office after the trademark application.
The trademark registration application entrusted to a trademark agency must be made by the trademark agency to the Trademark Office for free inquiry after the trademark application.
(For details, see "how to handle the search after the trademark application") 7, the trademark is still unregistered after the application is filed but not yet approved for registration, must still be used as an unregistered trademark.
If the use of the trademark infringes on the exclusive right to use other people's trademarks, it does not affect the relevant industrial and commercial administrative organs to investigate and deal with the behavior.
8. If the applicant needs to make a trademark inquiry, he can go to the inquiry window of the trademark registration hall before application.
The prior rights information provided by the inquiry is only for the reference of the inquirer, and the receiving window of the Trademark Registration Hall is not responsible for the interpretation.
9. The validity period of a registered trademark is 10 years, calculated from the date of approval of registration.
Registered trademark expires need to continue to use, the registrant shall apply for renewal of registration within six months before the expiration date.
If the registrant fails to apply for renewal within this period, he may do so within a grace period of 323 months after the expiration date, subject to the payment of a late fee for renewal of registration.
If no renewal application is filed after the expiration of the grace period, the Trademark Office will cancel the registered trademark; if the registrant wants to continue to use the registered trademark, he/she has to file a new registration application.
As for the cost, it depends on the local situation
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