How to apply for registration of a certification mark or collective mark
Processing channel:
There are two ways to apply for registration of a certification mark or collective mark:
(1) Entrust a nationally recognized trademark agency handle.
(2) The applicant goes directly to the Trademark Office Go to the Trademark Registration Hall.
Processing steps:
(1) Entrust a trademark agency to apply for certification trademarks or collective markWhen applying for registration, the applicant can voluntarily choose any nationally recognized trademark agency to handle it. All trademark agencies registered with the Trademark Office are published in the "Agency" column.
(2) The applicant goes directly to the Trademark Office To apply for registration of a certification mark or collective mark in the Trademark Registration Hall, the applicant can follow the following steps:
Inquiry before application (optional procedure) → Prepare application documents → Submit application documents at the trademark registration hall acceptance window → Print the bar code at the coding window → Pay at the payment window Trademark registration fee → Trademark Office issues "Notice of Acceptance" → Trademark registration application supplement (optional procedure)
Inquiry before application (optional procedure):
If the application is rejected, you will lose your trademark registrationFee, on the other hand, it will take time to re-apply for registration, and it is still unknown whether the re-application will be approved for registration. Therefore, it is best for applicants to conduct a trademark search before applying for registration to confirm whether there is a prior trademark right. If a trademark agency is entrusted to handle the registration application, the trademark agency will be responsible for the inquiry.
Preparation of application documents:
(1) Application documents required to prove the trademark
1. An application for trademark registration stamped with the official seal of the applicant.
2. Documents proving the qualifications of the trademark applicant and a copy, or a valid copy stamped with the applicant's seal, and a detailed description of the professional and technical personnel, professional testing equipment, etc. that it has or the institution it entrusts has to show that it has the ability to supervise the certification of the certification mark. the ability to achieve specific product quality.
3. Registering a geographical indication as a certification mark , the following content should be stated in the application:
(1) The specific quality, reputation or other characteristics of the goods marked by the geographical indication;
(2) The relationship between the specific quality, reputation or other characteristics of the product and the natural and human factors of the area marked by the geographical indication;
(3) The scope of the area marked by the geographical indication.
4. Management rules for the use of certification trademarks.
5. 6 trademark drawings (stick one on the back of the application form, and submit 5) , the drawings are required to be clear and the length and width should be no less than 5 cm and no more than 10 cm. If you specify a color, attach 1 coloring pattern, 5 coloring patterns, and 1 black-and-white pattern.
6. Go directly to the trademark registration hall to apply for registration If you are entrusting a trademark agency to handle the registration application, you must submit a trademark agency power of attorney.
7. If the certification mark applied for registration is a character The portrait should be accompanied by a notarized statement from the portrait owner agreeing to register the portrait as a trademark.
(2) Application form required for collective trademark File
1. Trademark stamped with the official seal of the applicant A registration application form.
2. Documents on the subject qualifications of the collective trademark applicant and a copy, or a valid copy stamped with the applicant’s seal.
3. Where a geographical indication is used as a collective trademark, The following content should be stated in the application:
(1) The specific quality, reputation or other characteristics of the goods marked by the geographical indication;
(2) The specific quality, reputation or other characteristics of the product are consistent with the natural factors and humanities of the area marked by the geographical indication The relationship between factors;
(3) The geographical indication The extent of the area marked.
4. Management rules for the use of collective trademarks.
5. List of collective members.
6. 6 trademark images (on the back of the application form Paste one, submit 5), the drawings are required to be clear, and the length and width are no less than 5 cm and no more than 10 cm. If you specify a color, attach 1 coloring pattern, 5 coloring patterns, and 1 black-and-white pattern.
7. Go directly to the trademark registration hall to apply for registration If you are entrusting a trademark agency to handle the registration application, you must submit a trademark agency power of attorney.
8. If the collective trademark applied for registration is a character The portrait should be accompanied by a notarized consent of the portrait ownerThe portrait serves as a declaration document for trademark registration.
(3) Specific requirements for relevant documents
1. According to the Tenth Regulation on the Implementation of the Trademark Law Article 5 stipulates that trademark registration applications and other relevant documents must be typed or printed. The Trademark Office will not accept handwritten applications for certification marks or collective marks.
2. When filling out the trademark registration application form, apply The person's name and seal should be completely consistent with the name approved for registration or registration. Goods or services should be filled with standardized names in accordance with the "Classification Table of Similar Goods and Services". Only one category of goods or services can be filled in one application form. If the name of the product or service is not included in the "Classification List of Similar Goods and Services", a corresponding explanation should be attached.
3. If the application for registration is a certification trademark, The certification mark should be indicated in the "Trademark Type" column of the trademark registration application form; if the application is for a collective trademark, the collective mark should be indicated in the "Trademark Type" column of the trademark registration application form.
4. Documents proving the applicant’s subject qualifications can be It is the business license of an enterprise, or the approval document for the registration and establishment of a public institution or mass organization. The applicant for collective trademark registration should be an organization, which can be an industrial or commercial group, an association, a trade or other collective organization, rather than a single enterprise or individual operator.
5. Apply for a geographical indication as a collective trademark, Certification trademark registration, the accompanying documents proving its supervisory capabilities and geographical scope of origin should be issued by the business competent department at or above the provincial level (including provincial level).
6. The management rules for the use of certification trademarks should include the following Content: The purpose, meaning or purpose of using the certification mark; the specific quality of the goods certified by the certification mark; the conditions for the use of the trademark; the rights, obligations and responsibilities for violating the rules; the registrant’s responsibility for the use of the certification mark Commodity inspection and supervision system.
7. The management rules for the use of collective trademarks should include the following Content: The purpose of using the collective trademark; the name, address, legal representative, etc. of the collective members using the collective trademark; the quality of the goods designated for the collective trademark; the procedures for using the collective trademark; the rights, obligations and responsibilities of the collective members for violating the rules responsibilities; the registrant’s inspection and supervision system for goods using the collective trademark.
8. All application documents should be in Chinese. When applying for a certification mark or collective mark for territorial extension in China, the Chinese text should be submitted; if the application document is in a language other than Chinese, a Chinese translation should be attached, and the Chinese translation shall prevail.
Notes
1. When filling out the trademark registration application form, the applicant should fill in the address according to the business license . After the application is submitted, if matters such as corrections, rejection or partial rejection, preliminary approval announcement, or receipt of the "Trademark Registration Certificate" occur, the Trademark Office will send it to the applicant by registered mail based on this address. If the applicant's actual address does not match the address on the business license, the applicant should first change the address on the business license before submitting the application. If the address changes after submitting a trademark registration application, the changed business license and corresponding procedures can be used to change the address.Address application. If the applicant's address is not accessible by post, it is best to entrust a trademark agency to handle trademark registration applications and other matters.
2. The Trademark Office receives the application. If the formalities are reviewed and deemed to be complete and filled out in a standardized manner, the "Notice of Acceptance" will generally be sent to the applicant by registered mail. If a trademark agency is entrusted to handle the registration application, the Trademark Office will mail the "Notice of Acceptance" to the trademark agency. The "Notification of Acceptance" only indicates that the trademark registration application has been accepted by the Trademark Office, but does not mean that the application has been approved.
3. The application for registration of a certification mark or collective mark has been If the application is rejected, if the applicant is dissatisfied with the rejection decision, the applicant may apply for review to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce from the date of receipt of the rejection notice.
4. Certification trademark or collective trademark applied for registration If an objection is filed, if the applicant is dissatisfied with the Trademark Office's objection ruling, he or she may receive the objection himself.
The above content is the relevant answer, if you still If you have other legal questions, you can consult the relevant lawyers on the Legal Savior Network.
