Shaoxing registered trademark trademark registration process detailed process I. Formal review
After formal examination, if the application procedures are complete and the application documents are filled in accordance with the regulations, the Trademark Office will issue a notice of acceptance.
If the application procedures are incomplete or the application documents are not filled in as required, a notice of rejection shall be issued and returned, and the application date shall not be retained.
If the application procedures are basically complete or the application documents basically meet the requirements, but need to be corrected, the Trademark Office will issue the Notice of Correction of Trademark Registration Application. If the applicant makes corrections within the time limit and returns them to the Trademark Office, the date of application shall be kept; If it is not corrected or corrected within the time limit, the Trademark Office will issue a notice of rejection and return it, and the application date will not be retained.
Trademark registration process II. Substantive inspection
Trademark applications enter substantive examination after passing formal examination. After substantive examination, the Trademark Office shall preliminarily examine and approve the trademark application that meets the relevant provisions of the Trademark Law and make an announcement.
If the application is rejected, a notice of rejection shall be issued to the applicant.
If the Trademark Office considers that the contents of the application for trademark registration can be modified, it shall issue an examination opinion. If the applicant gives a reply within the time limit, the Trademark Office will continue the examination.
A trademark that has been preliminarily examined and approved shall be announced by the China Trademark Office in the Trademark Announcement.
Within three months from the date of announcement, anyone may raise an objection to the trademark preliminarily approved by the China Trademark Office.
If it is ruled that there is no objection or the objection is untenable, the China Trademark Office will approve the registration, issue a trademark registration certificate, and make an announcement in the Trademark Announcement; If the objection is established, the registration shall not be approved.
Review request
In the process of trademark registration, if the applicant is not satisfied with the rejection of the trademark registration application by the Trademark Office, he may request a reexamination to the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board shall make a final decision on approval or disapproval of registration and notify the applicant in writing. If a party refuses to accept the objection ruling of the Trademark Office, he may request a review to the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board shall make a final decision and notify the parties in writing.
Shaoxing registered trademark 1 required materials. To apply for registration in the name of an enterprise, a copy of the business license shall be provided, and the official seal shall be affixed to the copy of the business license;
2. To apply for registration in the name of an individual, provide a copy of 1 personal ID card and a copy of the business license of individual industrial and commercial households, which shall be stamped with the official seal;
3. Provide trademark words or patterns, and if color protection is needed, color patterns are also needed;
4. The goods/services to be registered can be filled in according to the goods or services operated by the applicant, with reference to the ninth edition of the International Classification of Goods and Services for Trademark Registration (Nice Classification) and the similar classification of goods and services revised by the Trademark Office according to the above international classification;
5. Provide a power of attorney for trademark agency with official seal or signature, which can be downloaded from this website; In particular, the address in the trademark power of attorney should be exactly the same as the registered address in the business license.
According to Article 4 1 of China's Trademark Law, what are the reasons for the invalid trademark registration of Shaoxing Trademark Law, including:
(A) the lack of absolute requirements for trademark registration
According to the first paragraph of Article 4 1 of the Trademark Law, the Trademark Office may voluntarily declare a registered trademark invalid, and anyone may request the Trademark Review and Adjudication Board to rule that the registered trademark is invalid. This provision aims at protecting public interests, public order and good habits and should be retained. We can learn from 1993 "Detailed Rules for the Implementation of the Trademark Law" Article 25 (1), including? Cheating? Is that clear? Fictitious, concealing the real situation or forging application documents and relevant registration documents? . For example, natural persons forge business qualification documents to apply for registered trademarks.
(2) Infringement of prior trademark rights and other prior rights.
1. Infringe the trademark right of others who applied for registration in advance. That is, the third paragraph of Article 43 of the Trademark Law and Article 29 of the Regulations for the Implementation of the Trademark Law stipulate that a registered trademark and a trademark previously applied by others constitute the same or similar trademark used on the same or similar goods. Article 29 of the Regulations? Trademark registrant who applied for registration earlier? And then what? Registered trademark? What will be the legislative language? A trademark that has been applied for before but is still in the process of rejection, review and objection, but has not been registered? Exclusion from the scope of disputes is not conducive to protecting the right to apply for trademarks earlier. ? This revision of the Trademark Law should give the prior trademark applicant the procedural right to file a dispute. Disputes based on prior application for trademark rights shall be substantially tried after the final result of rejection and objection cases is reached. Otherwise, the trademark of the earlier application will be rejected or the preliminary examination and approval will be revoked, while the trademark of the later application and registration will be declared invalid, which is not conducive to the protection of the later applicant.
2. Infringe upon the prior rights other than the trademark rights of others. That is, as stipulated in the preceding paragraph of Article 3 1 of the Trademark Law? The application for trademark registration shall not damage the prior rights enjoyed by others? . The identification of prior rights (such as copyright) and infringement of prior rights is beyond the professional scope of trademark administrative adjudication institutions. In addition, in the case of judicial review of administrative rulings, the same conflict of rights may be required. Can the third trial (administrative trial, judicial trial) or the fourth trial (if the objection procedure is followed) be final? , resulting in a waste of administrative and judicial resources. When amending the Trademark Law, it may be considered that if the trademark applied for registration conflicts with other prior rights, the judicial procedure shall prevail, and the following provisions may be made: if the application for trademark registration infringes upon the prior rights of others and is determined by a court's effective judgment, the Trademark Office will reject the application or declare the registration invalid. On this basis, if the Trademark Office rejects the invalidation, it will execute the effective judgment. Without the invalidation procedure, the applicant or registrant may not bring a lawsuit.
(3) Violating honest business practices.
Anyone who applies for a registered trademark violates honest industrial and commercial habits and infringes on the interests of others in the competition law, which constitutes the reason for the invalidation of trademark rights. According to the second paragraph of Article 4 1 of China's Trademark Law, the cases where a registered trademark violates the principle of good faith include:
1, infringing on the rights and interests of well-known trademarks. That is, there are two situations stipulated in Article 13 of the Trademark Law: the trademark applied for registration on the same or similar goods is a well-known trademark copied, imitated or translated by others, which is easy to be confused; Trademarks applying for registration of different or similar goods are well-known trademarks that others have registered in China, misleading the public and possibly harming the interests of well-known trademark registrants. This towel? Plagiarism, imitation or translation? Just a means? Easily lead to chaos? And then what? Misleading the public. So that the interests of well-known trademark registrants may be harmed? Is the result, as long as this result should be stopped, and should not consider the means. This result is not produced by means, but the trademark applied for registration is the same or similar to the well-known trademark, and it may be the same or similar even if the above means are not adopted. Besides,? Copy, imitate, translate? Means such as itself is enough to show that registration is subjectively malicious. However, the second paragraph of Article 4 1 stipulates? For malicious registration, the owner of a well-known trademark is not limited by five years? It is obviously unreasonable for the owner of a well-known trademark to raise a dispute on the basis of these provisions. It is necessary to prove that the registrant of the disputed trademark has adopted the means stipulated in Article 13 and that the registrant is subjective and malicious. Therefore, this paper proposes to delete the description of the means, and amend it to read that the trademark applied for registration is the same as or similar to a well-known trademark that others have not (have) registered in China.
2. An agent or representative of a registered trademark. That is, as stipulated in Article 15 of the Trademark Law? Without authorization, the agent or representative registers the trademark of the principal or representative in his own name? . What are the provisions of China law and Paris Convention? There are three obvious differences: first, the terms are different. Paris convention is used? Trademark owner? What is the concept corresponding to China law? Principal or principal? In practice, this term has been ambiguous. ? Second, the protection methods are different. Our country's law only stipulates? If the principal or the principal objects, the registration shall be refused and the use shall be prohibited? ; The Paris Convention not only gives the client or representative the right to raise objections and cancel the registration, but also requires that the registration be transferred to his own name if the laws of the member States permit. Third, there are no exceptions. The Paris Convention stipulates that agents or representatives can prove their actions are justified, but there is no similar provision in our laws. Therefore, it can be improved by referring to the provisions of public tension in Paris.
3. Misleading the public with geographical indications. Paragraph 1 of Article 16 of the Trademark Law? There are geographical indications of goods in trademarks, and the goods are not from the area marked by the marks, misleading the public? . This provision plays an important role in protecting geographical indications that are not registered as collective trademarks or certification trademarks, and should be retained. Geographical indications that have been registered as collective trademarks or certification trademarks may be directly protected by applying the provisions of Article 28 of the Trademark Law.
4. Registered trademarks. That is, the last paragraph of Article 3 1 of the Trademark Law? Preempt the registration of a trademark that has been used by others and has certain influence by unfair means? . The so-called certain influence refers to being known to the relevant public within a specific geographical scope. Trademarks with certain influence include trademarks that have never been registered and trademarks that have not been renewed but still have certain influence. Compared with Articles 13 and 15 of the Trademark Law, the owner (first user) of this trademark can only prohibit others from applying for registration and has no right to prohibit others from using it. Moreover, before the trademark is declared invalid, rob injection also has the right to prohibit the real trademark owner from using it, which is obviously extremely unfavorable for protecting the trademark owner. In order to fully protect the interests of trademark owners, they should be given the right to continue to use (without interference from the alleged infringement), prohibit the use of cybersquatters (to stop the unfair competition of cybersquatters) and request the transfer of registration (the trademark right belongs to the real obligee).
5. Obtaining registration by other improper means. According to the Interpretation of Trademark Trial Standards, Article 4l of the Trademark Law? In the money? Other improper registration behavior? Meaning? Malicious registration for the purpose of unfair competition and illegal interests? . However, there are differences in this interpretation in practice at present, which should be revised and improved to eliminate ambiguity.
Deal with trademark registration