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A, registration preparation:
1, the choice of registration:
One is to the State Trademark Office (office in Beijing) for trademark registration (China's Trademark Law allows citizens to apply directly to the State Administration for Industry and Commerce Trademark Office for trademark registration applications). Another way is to entrust the trademark agency organization to provide you with trademark agency services.
2, the trademark prior registration rights of the query:
Trademark query refers to the trademark registration applicant or his agent before filing a registration application, whether the trademark application and the prior rights of trademarks have the same or similar query work. It is worth noting that although the trademark query is not a mandatory procedure for registration of trademarks (follow the principle of voluntary search), but this work can greatly reduce the risk of trademark registration, improve the certainty of trademark registration. In the query process, will be subject to data processing and trademark application examination period and other reasons, so that part of the prior application of the trademark can not enter the database, so it can not query to retrieve the part of the information. In addition, the trademark query and review work by different people, and the query staff and different reviewers of the review of the views of different opinions may appear, therefore, the results of the trademark query can not be used as a legal basis, does not have the force of law.
Therefore, before registering a trademark, it is very important to find a professional trademark search company or a trademark agency organization with perfect trademark search conditions.
3, the preparation of the application for trademark information:
(1) If you are a natural person in the name of the application, you need to show your ID card and submit a copy of my identity. If you are an enterprise as the applicant to apply for registration, you need to show the enterprise "business license" copy and provide the issuing authority to sign the "business license" copy. The application for trademark registration should be completed with the official seal of the organization and the signature of the individual.
(2) 10 trademark drawings (color trademarks of the specified color, should be submitted to 10 coloring drawings, black and white ink drawings 1). Trademark drawings provided must be clear, easy to paste, with glossy durable paper or replace it with a photo, the length and width of not more than 10 centimeters, less than 5 centimeters. If the direction of the trademark drawing is not clear, it should be marked with an arrow above and below. Application for cigarettes, cigars, cigarettes, trademarks, drawings can be the same as the actual use of the same size.
(3) Prepare the appropriate registration fees: registered trademark fee: 1000 yuan, if you are entrusted to the trademark agency organization, you need to pay another 1000 yuan or so of trademark agency fees and trademark search fees.
Second, apply for registration
1, only with the following conditions of individuals or organizations can be in China to file a trademark application:
Trademark registration applicants must be: legally established enterprises. Institutions. Social organizations. Individual industrial and commercial enterprises. Individual partnerships or foreigners or foreign enterprises in countries that have signed agreements with China or participated in international treaties with China *** or on the basis of the principle of reciprocity.
The above conditions are met. Need to obtain the exclusive right to use a trademark, in accordance with the principle of voluntariness, to the Trademark Office to submit an application for trademark registration (since November 1, 2001, China's Trademark Office began to accept applications for the registration of trademarks of natural persons).
2, according to the classification of goods and services to file an application:
At present, China's trademark law is the implementation of the International Classification of Goods, it is more than 10,000 kinds of goods and services are divided into 45 categories, the application for registration of trademarks, should be classified in accordance with the Classification of Goods and Services Table to determine the use of trademarks of goods or services categories. The same applicant to use the same trademark on different categories of goods, should be classified according to the goods in different categories of applications for registration so as to avoid undue expansion of the scope of application of trademark rights, but also conducive to the approval of the examiners and the protection of the exclusive right to trademark.
3, the determination of the trademark application date:
The establishment of the application date is very important, because of China's trademark registration using the principle of application first, once the application date of the successive legal basis for determining the trademark right, the application date for trademark registration to the Trademark Office to receive the date of the application shall prevail (the date of the smallest unit of the 'day')
Third, the trademark Review
Trademark review is the competent authority for trademark registration of trademark registration application to check whether the provisions of the trademark law. Information retrieval. Analyze and compare. Investigation and research and decide to give a preliminary examination or reject the application and a series of activities.
Fourth, the preliminary examination of the announcement
Trademark 'validation refers to the trademark registration application after examination, in line with the relevant provisions of the Trademark Law, to allow its registration decision. And it is published in the Trademark Bulletin. If no one files an objection to a preliminarily validated trademark three months from the date of publication of the preliminary validation notice, the trademark will be registered and the registration notice will be published at the same time.
Fifth, the registration notice
Trademark registration is a kind of trademark legal procedures. By the trademark registration applicant to file an application, after examination by the Trademark Office to be a preliminary examination and announcement, no one within three months of the objection or objection ruled unsubstantiated, the trademark that the registration is in effect, subject to legal protection, the trademark registrant enjoys the exclusive right to use the trademark. It takes about one year to one and a half years from the application to the approval of registration of a trademark. The validity of the registered trademark registered trademark is valid for ten years from the date of approval of the registration, the validity of the registered trademark expires, the need to continue to use, you can apply for trademark renewal registration.
Six, get the trademark registration certificate
Through the agent by the agent to the trademark registrant to send the "trademark registration certificate".
Directly for the trademark registration, the trademark registrant should be received within three months after receiving the "notice of receipt of the trademark registration certificate" to the Trademark Office to obtain the certificate, but also should bring:
(a) to obtain the trademark registration certificate of the letter of introduction;
(b) the witness ID card and a copy of the identity card;
(c) the original copy of the business license, a copy of the local business department stamped;
(c) the original copy of the business license, a copy of the local
(d) notification of receipt of the trademark registration certificate;
(e) change in the name of the trademark registrant must be accompanied by a certificate of change issued by the work department.
In addition: trademark registration application time: a new application for trademarks from the application to the issuance of a certificate generally takes about a year, of which the application acceptance and formal examination takes about one month, the substantive examination of about four to five months, the opposition period of three months, the approval of the announcement to the issuance of the certificate of about three months.