1, preparation for registration
Choose the way of registration
One way of registration is to apply for registration by oneself to the Trademark Office of the State Administration for Industry and Commerce; the other way of registration is to entrust an experienced trademark agency organization to act on behalf of the service.
2, the preparation of information
prepare five trademark drawings (color trademarks of the specified colors, should be submitted to the coloring drawings of five, black and white ink draft of 1), the length and width of not more than 10 centimeters, not less than 5 centimeters, the direction of the trademark drawings is unclear, should be marked by arrows on the bottom; if an individual to apply for the need to produce identity cards and submit a copy of the individual business license and a copy of the business scope consistent with the registered trademarks. Scope of business and registered trademarks consistent; if the enterprise application, the enterprise "business license" copy and submit a copy; stamped with the official seal of the trademark registration application.
3, start the application
4, according to the classification of goods and services to file an application
Goods and services **** is divided into 45 categories, of which 34 categories of goods, services 11 categories. When applying for registration, the class of goods or services for which the trademark is to be used shall be determined according to the classification of the Goods and Services Classification List; if the same trademark is used by the same applicant for different classes of goods, the application for registration shall be filed according to different classes.
5, the determination of the application date
This is the most important point: because China's trademark registration using the principle of application first, once you and other enterprises have disputes over trademark rights, the application date of the first enterprise will be protected by law. Therefore, it is very important to establish the filing date, which is based on the date of receipt of the application by the Trademark Office.
The next three procedures are trademark examination, preliminary examination announcement, and registration announcement. It should be emphasized that, after the Trademark Office of the preliminary examination of the trademark, to be published in the announcement of three months after no one to object to the registration can be completed, the trademark is subject to legal protection. The validity period of a registered trademark is ten years from the date of approval of registration. The expiration of the validity period, the need to continue to use, you can apply for renewal of the trademark registration.
6, get the trademark registration certificate
Trademark registration is completed, the Trademark Office issued a certificate to the registrant.
If it is through the agent organization by the agent to the registrant to send the "Trademark Registration Certificate"; direct registration, the registrant should be in the receipt of the "Notice of Receipt of Trademark Registration Certificate" to the Trademark Office to collect the certificate within three months, but also should bring: to collect the trademark registration certificate of the letter of introduction, the identity card of the consignee and a copy of the original copy of the business license and a copy of the seal stamped with the local industry and commerce department, to collect the Trademark registration certificate notification, the name of the trademark registrant change must be accompanied by a certificate of change issued by the industry and commerce department.
Note: A new application for a trademark from the application to the issuance of a certificate generally takes about one year to three and a half years, of which the application acceptance and formal examination takes about one month, the substantive examination takes about 24 to 30 months, the opposition period of three months, the approval of the announcement to the issuance of the certificate is about two months.
7,Trademark Registration Application
Natural persons, legal persons or other organizations need to obtain the exclusive right to use a trademark for the goods they produce, manufacture, process, select or distribute or the services they provide, they should apply to the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) to register their trademarks in accordance with the law. Trademark registration application in a narrow sense only refers to the application for registration of goods and services, application for international registration of trademarks, application for registration of certification marks, application for registration of collective marks, application for registration of special signs. In addition to the contents of the trademark registration application in the narrow sense, it also includes the application for change, renewal, transfer of registration, opposition application, trademark license contract filing application, as well as other trademark registration matters.
Principles of Trademark Registration
Trademark registration needs to follow the following principles:
1. Combination of Voluntary Registration and Compulsory Registration. Most of the trademarks in China to adopt the principle of voluntary registration. State laws and administrative regulations require the use of registered trademarks of goods (mainly refers to cigarettes, cigars, packaged tobacco) of the producers and operators must apply for trademark registration, without the approval of the registration, the goods shall not be sold in the market.
2. The principle of conspicuous. Application for registration of the trademark, should have distinctive features, easy to identify, and shall not conflict with the legal rights of others obtained in advance (such as design patents, name rights, copyright).
3, the principle of legal trademark. Application for registration of the trademark shall not use the law prohibits the use of signs. Already registered trademarks using geographical names continue to be valid. Without authorization, the agent or representative in his own name will be the agent or the representative of the trademark registration, the agent or the representative of the objections, shall not be registered and prohibit the use. If a trademark contains a geographical indication of goods and the trademark does not originate from the region indicated by the indication, which misleads the public, the trademark shall not be registered and its use shall be prohibited; however, if the registration has been obtained in good faith, it shall continue to be valid.
4. When examining and publicizing an application for trademark registration, the principle of first-to-file shall be adhered to, and first-to-use shall be supplemented. Two or more applicants for trademark registration, in the same goods or similar goods, with the same or similar trademark application for registration, the preliminary examination and announcement of the trademark applied for first; the same day application, the preliminary examination and announcement of the use of the first trademark, the rejection of the application of other people, and will not be announced.
5. Prohibit the principle of trademark registration. The application for trademark registration shall not use improper means to pre-empt the registration of others have been used and have a certain impact on the trademark.