1. How to apply for trademark registration
Trademark application The application is submitted to the National Trademark Office. The specific process is as follows:
1. Registration preparation (select the registration method)
One registration method is to apply for registration at the Trademark Office of the State Administration for Industry and Commerce; the other registration method is to entrust an experienced trademark agency to organize agency services.
2. Prepare information
Prepare 5 trademark drawings (color trademarks in designated colors, 5 colored drawings and 1 black and white ink drawing should be submitted), the length and width should not be greater than 10 cm and not less than 5 cm. If the direction of the trademark pattern is unclear, arrows should be used to indicate the upper and lower parts; if the application is made by an individual, an ID card must be presented And submit a copy plus a copy of the individual business license and the business scope is consistent with the registered trademark; if it is an enterprise application, present a copy of the enterprise's "Business License" and submit a copy; a trademark registration application form with the official seal of the unit.
3. Start application
4. Submit application according to product and service classification
Goods and services are divided into 45 categories, including 34 categories of goods and 11 categories of services. When applying for registration, the category of goods or services for which the trademark is used should be determined according to the classification of the goods and services classification table; if the same applicant uses the same trademark on different categories of goods, he should file a registration application according to different categories.
5. Determination of application date
This is the most important point: Since China’s trademark registration adopts the first-to-file principle, once you have a dispute over trademark rights with other companies, the company with the first filing date will be protected by law. Therefore, it is necessary to establish the filing date. It is very important. The application date shall be the date when the Trademark Office receives the application.
The next step is the three procedures of trademark examination, preliminary examination announcement, and registration announcement. Required It is emphasized that a trademark that has passed the preliminary review by the Trademark Office can be registered only if no one raises objections three months after the announcement. The trademark is protected by law. The validity period of a registered trademark is ten years, starting from the date of approval of registration. Calculated from the date of expiration. If you need to continue to use it after the validity period, you can apply for trademark renewal registration.
6. Receive the trademark registration certificate
After the trademark is registered, the Trademark Office issues a certificate to the registrant.
If it is organized through an agency, the agent will send it to the registrant. "Trademark Registration Certificate"; if you apply for registration directly, the registrant should go to the Trademark Office to obtain the certificate within three months after receiving the "Notice of Obtaining the Trademark Registration Certificate". At the same time, he should also bring: a letter of introduction for obtaining the Trademark Registration Certificate, the person who received the Trademark Registration Certificate ID card and copy, original copy of business license and copy stamped with the seal of the local industrial and commercial department, notice of receipt of trademark registration certificate, and change certificate issued by the industrial and commercial department if the name of the trademark registrant is changed.
7. Instructions for trademark registration applicationNatural persons, legal persons or other organizations produce, manufacture, process and select If you need to obtain the exclusive right to use a trademark for the goods you distribute or the services you provide, you must submit a trademark registration application to the Trademark Office of the State Administration for Industry and Commerce in accordance with the law.
Trademark in a narrow sense Registration applications only refer to goods and service trademark registration applications, international trademark registration applications, certification trademark registration applications, collective trademark registration applications, and special sign registration applications.
In a broad sense In addition to the content of trademark registration applications in the narrow sense, trademark registration applications also include applications for change, renewal, transfer registration, objection applications, trademark license contract filing applications, and the handling of other trademark registration matters.
2. Legal basis: "Trademark Law of the People's Republic of China"
Article 2 The Trademark Office of the Industrial and Commercial Administration Department of the State Council is responsible for the registration and management of trademarks nationwide.
The Industrial and Commercial Administration Department of the State Council has established a Trademark Review and Adjudication Committee to handle trademark disputes.
Article 3: Trademarks approved and registered by the Trademark Office are registered trademarks, including commodity trademarks, service marks, collective trademarks, and certification marks; the trademark registrant enjoys exclusive rights to the trademark rights, protected by law.
Collective trademarks referred to in this Law refer to those registered in the name of a group, association or other organization for use by members of the organization in commercial activities to identify the user. A sign of membership in the organization.
Marks used on goods or services to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services.
Special matters concerning the registration and management of collective marks and certification marks shall be stipulated by the industrial and commercial administration department of the State Council.
my country's trademark registration is a kind of protection of our country's intellectual property rights and personal and company patents. At this time, if we are registering a trademark, we must Pay attention to relevant trademark registration procedures in a timely manner. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.
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