There are 45 categories of goods and services registered by trademarks, including 34 categories of goods and 1 1 services.
Designate the trademarks used for commodities as commodity trademarks and the trademarks used for services as service trademarks.
There are two ways to apply for the registration of a commodity trademark or a service trademark: (1) entrusting a nationally recognized trademark agency to handle it.
(2) The applicant goes directly to the trademark registration hall of the Trademark Office.
Three. Procedure (1) Where a trademark agency is entrusted, the applicant may voluntarily choose any trademark agency recognized by the state to handle it.
All trademark agencies registered in the Trademark Office are published in the column of "Agencies".
(2) If the applicant goes directly to the trademark registration hall of the Trademark Office, the applicant can go through the following steps: pre-application inquiry (optional procedure) → preparation of application documents → submission of application documents in the acceptance window of the trademark registration hall → collection of bar code in the coding window → payment of trademark registration fee in the payment window → issuance of acceptance notice by the Trademark Office in about one month → correction of trademark registration application (optional procedure).
If the application for trademark registration is rejected, on the one hand, the trademark registration fee will be lost, on the other hand, it will take about 1.5 years to reapply for registered trademarks, and it is still unknown whether the reapplication can be approved for registration.
Therefore, before applying for a registered trademark, the applicant had better make a trademark inquiry, understand the prior rights, and make a judgment according to the inquiry results before submitting the application.
Where a trademark agency is entrusted to apply for trademark registration, the trademark agency shall be responsible for the inquiry.
(See "Inquiries before applying for trademark registration" for details.) V. Preparation of application documents for trademark registration (1) To apply for trademark registration in the name of a legal person or other organization, the following application documents shall be submitted: 1 An application for trademark registration stamped with the official seal of the applicant.
2. 5. Trademark patterns, with clear patterns, with the length and width of specifications not less than 5cm and not more than10cm.
If a color is specified, there are five color patterns, and a black and white ink draft is attached.
3. Go directly to the trademark registration hall, submit a copy of the applicant's business license and show the original business license; If the original business license cannot be produced, the applicant's seal must be affixed to the copy of the applicant's business license.
Where a trademark agency is entrusted to act as an agent, a copy of the applicant's business license shall be submitted.
4. Go directly to the trademark registration hall and submit the agent's ID card and a copy; Where a trademark agency is entrusted, a power of attorney for trademark agency shall be submitted.
5. If the trademark applied for registration is a portrait of a person, it shall be accompanied by a notarized statement that the portrait owner agrees to use the portrait as a trademark registration.
(2) A natural person applying for trademark registration shall submit the following application documents: 1. An application for trademark registration signed by the applicant.
2. 5. Trademark patterns, with clear patterns, with the length and width of specifications not less than 5cm and not more than10cm.
If a color is specified, there are five color patterns, and a black and white ink draft is attached.
3. Go directly to the trademark registration hall, submit a copy of the applicant's ID card or passport, and show the original ID card or passport; Where a trademark agency is entrusted, a power of attorney for trademark agency and a copy of the applicant's ID card shall be submitted.
4. Where the trademark applied for registration is a portrait of a person, a notarized statement that the portrait owner agrees to use the portrait as a trademark registration shall be attached.
(3) Specific requirements for filling in the application for trademark registration 1. According to Article 15 of the Regulations for the Implementation of the Trademark Law, the application for trademark registration and other relevant documents shall be typed or printed.
For handwritten trademark applications, the Trademark Office will not accept them; 2. The name and address of the applicant for trademark registration shall be filled in according to the business license. If the address in the business license does not indicate the name of the province, city or county where the enterprise is located, the applicant must add the name of the province, city or county before its address.
The official seal shall be completely consistent with the enterprise name on the business license; 3, goods or services should be in accordance with the "classification of goods and services" or "similar goods and services to distinguish the table" to fill in the name of the specification, an application can only fill in a class of goods or services.
If the commodity name or service item is not included in the classification table, a description of the commodity or service item shall be attached.
4. If the applicant is a natural person, the applicant's name and ID number shall be filled in after the name; The address of the applicant can be filled in with the actual address or mailing address of a natural person.
5. If the trademark applied for registration is not a three-dimensional trademark, a color group trademark or a trademark, the applicant shall tick "√" in the box before "General" in the trademark category column.
Vi. Pay the trademark registration fee. If the name of a class of goods or services is within 10, the application fee for each trademark registration is 1000 yuan, and if it exceeds 10 (excluding 10), an additional 100 yuan will be charged for each piece.
Where a trademark agency is entrusted, 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 of the trademark agency.
Seven. A brief introduction to the procedure for the correction of trademark registration application (optional procedure) (1) 1. Where an application for trademark registration is made directly in the trademark registration hall, the application procedures are basically complete or the application documents basically meet the requirements, but need to be corrected, the Trademark Office will notify the applicant in writing to make corrections.
The applicant shall, within 30 days from the date of receiving the notice, make corrections according to the specified contents and return them to the Trademark Office.
If no correction is made within the time limit, the application shall be deemed to have been abandoned.
2. Where a trademark agency is entrusted to apply for trademark registration, the application procedures are basically complete or the application documents basically meet the requirements, but need to be corrected, the Trademark Office shall notify the trademark agency in writing to make corrections.
The trademark agency shall, within 30 days from the date of receiving the notice, make corrections according to the specified contents and return them to the Trademark Office.
If no correction is made within the time limit, the application shall be deemed to have been abandoned.
(2) Precautions 1. When the applicant makes corrections to nonstandard and unspecified goods or services as required, he may make corrections or delete them.
At the time of revision, the specification name should still be filled in the form of distinguishing similar goods and services, but the scope of goods or services should not be expanded.
2. Where the trademark pattern is unclear or the trademark description should be filled in, the applicant shall make corrections according to the requirements of the Trademark Office, and shall not make substantial changes to the trademark, otherwise it will be deemed invalid.
3. If the applicant makes corrections as required, it shall be stamped with the official seal of the applicant.
If the applicant is a natural person, it shall be signed by himself.
Where a trademark agency is entrusted to apply for trademark registration, the official seal of the trademark agency shall be affixed.
Eight. Procedure for Partial Rejection of Trademark Registration Application (non-compulsory procedure) (1) A brief description of Article 21 of the Regulations for the Implementation of the Trademark Law stipulates that the Trademark Office shall preliminarily examine and approve the accepted trademark registration application, and make an announcement if the trademark registration application of some designated goods meets the requirements; If the application for registration of trademark use on some designated commodities does not meet the requirements, the application for registration of trademark use on some designated commodities shall be rejected, and the applicant shall be notified in writing and the reasons shall be explained.
Where the Trademark Office preliminarily examines and approves the application for trademark registration on some designated commodities, the applicant may apply for abandoning the application for trademark registration on some designated commodities before the expiration of the objection period; Where an application is made to abandon the registration application for using a trademark on the goods specified in this part, the Trademark Office will withdraw the original preliminary examination and approval, terminate the examination procedure and make a new announcement.
Therefore, this procedure is not a necessary procedure for substantive examination of trademarks.
(2) After handling the Notice of Partial Rejection of Trademark Registration, the Trademark Office will print it uniformly and send it directly to the applicant by registered mail.
If it is represented by a trademark agency, it shall be sent to the trademark agency (except for the self-invitation).
If the notice of partial rejection of trademark registration is not delivered to the applicant or trademark agency for some reason and is returned by the post office, the Trademark Office will publish the Notice of Partial Rejection of Trademark Registration in the Trademark Announcement, which will be deemed to have been delivered within 20 days from the date of announcement.
If you go through the relevant formalities in the Trademark Office within/0/5 days from the date of service, you will be allowed to resume legal procedures, otherwise it will be regarded as giving up your rights.
Nine. Precautions 1. When filling out an application for trademark registration, the applicant shall fill in the address in accordance with the business license.
After submitting the application, the Trademark Office will send it to the applicant by registered mail at this address if there are any matters such as correction, rejection or partial rejection, preliminary examination and announcement, and obtaining the trademark registration certificate.
If the applicant's actual address does not match the business license address, it shall change the business license address before submitting the application.
If the address changes after the application for trademark registration is submitted, the application for address change can be handled with the changed business license and corresponding procedures.
If the applicant's address is not postal, it is best to entrust a trademark agency to handle trademark registration applications and other matters.
2. After receiving the application, the Trademark Office, after formal examination, considers that the formalities are complete and the specifications are filled in, and generally sends the Notice of Acceptance to the applicant by registered mail one month later.
Where an 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, but it does not mean that the application has been approved.
3. If the application for trademark registration is rejected, the applicant may apply to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce for reexamination within 15 days from the date of receiving the notice of rejection.
4. If the trademark applied for registration is challenged, and the applicant is not satisfied with the ruling of the Trademark Office, he may apply to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce for reexamination within 15 days from the date of receiving the ruling of objection.
5. It takes about 1.5 years for a trademark to apply for a trademark registration certificate without any application for correction or objection.
Where an application for trademark registration is directly made in the trademark registration hall after the trademark is approved and registered, the Trademark Office shall send a Notice of Obtaining a Trademark Registration Certificate according to the name and address of the applicant filled in the application for trademark registration; Where an application for trademark registration is entrusted to a trademark agency, the Trademark Office will mail the Notice of Obtaining a Trademark Registration Certificate to the trademark agency.
6. If the applicant has not received any information within 1 year and a half from the date of submitting the application for trademark registration, he can make a free inquiry to the Trademark Office after applying for trademark registration.
An application for trademark registration entrusted by a trademark agency must be inquired by the trademark agency free of charge after filing a trademark application with the Trademark Office.
(See "How to inquire after trademark application" for details) 7. A trademark is still an unregistered trademark after the application is filed but before the registration is approved, and it must still be used as an unregistered trademark.
Where the use of a trademark infringes upon the exclusive right of others to use a trademark, it shall not affect the investigation and punishment of the act by the relevant administrative authorities for industry and commerce.
8. If the applicant needs to inquire about the trademark, he can go to the inquiry window of the trademark registration hall before applying.
The prior right information provided by the inquiry is only for the reference of the inquirer, and the acceptance window of the trademark registration hall is not responsible for interpretation.
9. The period of validity of a registered trademark is 10 years, counting from the date of approval of registration.
Where it is necessary to continue to use a registered trademark after its expiration, the registrant shall apply for renewal of registration within 6 months before the expiration.
If the registrant fails to apply for renewal within this period, he may apply for renewal within the grace period of 17 months after the expiration, but he shall pay the late fee for renewal of registration.
If no application for renewal is filed at the expiration of the extension period, the Trademark Office will cancel the registered trademark; If the registrant wants to continue to use the registered trademark, he must apply for registration again.
As for the cost, it depends on the local actual situation.