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What is the process and time for trademark registration?

1, design? Before the trademark registration application can be entrusted to our company or their own design. Trademark design should pay attention to the following points: (1) originality, that is, the design of the trademark should be novel; on the one hand, to meet the requirements of distinctiveness, on the other hand, creative trademarks are easy to expand the popularity of goods, and quickly occupy the market. (2) The name of the trademark should avoid being associated with the function of the goods. (3) The design of the trademark should highlight the theme and reasonable layout.

2. Query? Trademark query usually refers to the trademark registration applicant before applying for registration of a trademark, in order to understand whether there is its application for registration of a trademark may constitute a conflict of prior trademark rights, the query about the trademark information. It takes a long time for a trademark to be registered from application to approval. If the trademark registration application is rejected, on the one hand, the trademark registration fee is lost, on the other hand, it will take a longer time to reapply for the registration of the trademark, and it is still unknown whether the reapplication can be approved for registration. Therefore, it is better for the applicant to conduct a trademark search before applying for trademark registration to understand the situation of prior rights. There are two kinds of search services: one is internal search service; the other is agent government search service, the time is 7-14 working days.

3. Application? Trademark registration application documents submitted to the Hong Kong Intellectual Property Department.

4. Acceptance? The Hong Kong Intellectual Property Department receives the trademark registration application documents, and issues a notice of acceptance after giving an application number, which takes about one week.

5. Examination? Trademark examination is divided into two processes: formal examination and substantive examination. Formal examination, that is, the Trademark Registry will examine the application form and all attachments in detail before reviewing the application, in order to check whether the required parts of the form have been filled in, whether the relevant information is correct, and whether the required information is incomplete. If everything is in order, the application will proceed to the next stage (substantive examination). After the substantive examination, i.e. after checking the deficiencies of the application and making sure that all the information is in order, the Trademarks Registry will search the trade mark records to see if there are any other traders who have registered or applied for the registration of the same or similar trade marks in respect of the same or similar goods or services. The Trade Marks Registry will also check whether the trade mark concerned complies with the registration requirements under the Trade Marks Ordinance. If the examination is successful, the application process will proceed to the next stage (the gazettal stage).

6. Publication? Once the application is approved by the Trademarks Registry, it will be published in the Hong Kong Intellectual Property Gazette for a period of three months, and if no opposition is filed, the trademark will be successfully registered.

7. Registration? Trademarks published without objection or ruled that the objection is not established, the registration is successful. Under normal circumstances to obtain a certificate of registration for about 6 months. Successful registration is valid for 10 years, six months before the expiration of the renewal on time.

How much does it cost to register a trademark (for reference only)

Registration fees are charged by category and by number, and the cost of each trademark in each category is:

1,900 yuan (ten years of validity, including ten years of fees, domestic companies or individuals, of which 1,000 state fees, agency fees 900)

3,000 yuan (ten years of validity, including ten years of fees, foreign companies or individuals, of which state fees 900)

3,000 yuan (ten years of validity, including ten years of fees, foreign companies or individuals, of which 1,000 state fees, agency fees). companies or individuals, of which the state fee of 1000, agency fees 2000)

How to handle trademark search

Enterprises applying for trademark registration before, in order to understand the use of the registered trademark whether there is a risk, as well as the size of the certainty of the application for registration, sometimes need to make a prior query; or after the application for trademark registration, the enterprise would like to understand the progress of the trademark applied for, you can make a post query. The following is a list of the most important things that you can do for your business.

Enterprises can entrust the trademark agency organization to the State Administration for Industry and Commerce Trademark Office to submit a query application, but also directly to the Trademark Office under the Trademark Service Center of the Tongda query.

Application for search should be clear about the name of the trademark (graphic trademarks are not search services) and the name of the goods, and pay the search fee. At present, China's trademark competent authority to charge the query fee is: 60 yuan for Chinese trademarks, English trademarks 100 yuan, expedited query fee doubled, that is, 120 yuan for Chinese trademarks, English trademarks 200 yuan. The time to provide search results is five working days for ordinary search, three working days for expedited search, postponed in case of holidays.

At present, the information shown in the results of the trademark search is generally 3-4 months before the date of search before the application, has been registered or through the preliminary examination, entered into the Trademark Office computer database of the trademark information, and has not been entered into the application or review of the trademark information is not available. As the number of applications in each category varies, the time to search for the information varies.

Trademark search need to pay attention to what matters

(1) itself lacks distinctiveness or belongs to the trademark law prohibits the prohibition of words can not be searched to determine whether its application for registration can be approved;

(2) if there is a prior application of the same or similar trademark in the query is not yet entered into the database of the Trademark Office, because of the time of the two will be close to the query results can not be reflected;

(2) if there are prior applications for identical or similar trademarks in the query, the query results can not be reflected;

(3) If the search report provides several trademarks that may constitute similarity, the agent only analyzes them through the general examination standard and experience, and its opinion is for reference only, and does not represent the examination opinion of the Trademark Office;

(4) For the combination of trademarks, such as only a part of the trademark query (e.g., in Chinese or English), and the actual application of the other parts of the trademark (e.g., graphic) is the same or similar to the registered trademarks of other people.

(5) If the client only provides the name of the trademark in the search, but the actual trademark design provided in the application due to differences in font, color, structure or arrangement, the search results may not fully reflect the degree of identity or similarity.

What matters should be noted in the application for trademark registration

1, individual businessmen can be registered in the name of their "individual business license" as the name of the applicant to file an application for trademark registration, but also in the name of the person in charge of the license to file an application for trademark registration. The application in the name of the person in charge should submit a copy of the following materials:

(1) the identity card of the person in charge;

(2) business license.

2. Rural contractors can apply for trademark registration in the name of the person who signed the contract, and the application should be submitted with a copy of the following materials:

(1) the identity card of the person who signed the contract;

(2) the contract.

3. Other natural persons legally authorized to engage in business activities may file an application for trademark registration in the name of the operator listed in the registration documents issued by the relevant administrative organs, and the application shall be submitted with a copy of the following materials:

(1) the operator's identity card;

(2) the registration documents issued by the relevant administrative organs.

4. The scope of goods and services for which a natural person files an application for trademark registration shall be limited to the scope of business approved by the natural person in the business license or the relevant registration documents, or to the agricultural and sideline products under his own management.

5. The Trademark Office shall not accept and notify the applicant in writing that the application for trademark registration does not comply with the provisions of Article 4 of the Trademark Law.

If the applicant provides false materials to obtain trademark registration, the Trademark Office will revoke the registered trademark.

6, for the transfer of trademark applications, the transferee is a natural person, shall refer to the above matters.

Registered Trademarks