1. What are the requirements for applying for trademark registration with sound marks
1 , when applying for trademark registration with a sound mark, the requirements are as follows:
(1) It should be stated in the application, and a sound sample that meets the requirements should be submitted. Describe the sound trademark applied for registration and explain the use of the trademark;
(2). Describe the sound trademark and use the staff or simplified musical notation to describe the application. Describe the sound of the trademark and attach a text explanation;
(3). If it cannot be described with staff or simplified musical notation, it should be described with words;
(4). The trademark description and the sound sample should be consistent.2. Legal basis: "Regulations on the Implementation of the Trademark Law of the People's Republic of China"
Tenth Article 3 Applications for trademark registration shall be completed in accordance with the published goods and service classification table. For each trademark registration application, one copy of the "Application for Trademark Registration" and one copy of the trademark pattern must be submitted to the Trademark Office; if applying for trademark registration with a color combination or colored pattern, the colored pattern must be submitted, and a black and white draft must be submitted; not specified For colors, black and white drawings should be submitted.
The trademark pattern should be clear and easy to paste. It should be printed on smooth and durable paper or replaced with a photo. The length and width should be no more than 10 cm and no less than 5 cm. .
If you apply for trademark registration with a three-dimensional mark, you should make a statement in the application, explain how to use the trademark, and submit a drawing that can determine the three-dimensional shape. The trademark image should contain at least three views.
If a color combination is applied for trademark registration, it shall be stated in the application form.Explain how to use the trademark.
If you apply for trademark registration with a sound mark, you should declare it in the application, submit a sound sample that meets the requirements, and describe the sound mark applied for registration. How the trademark is used. To describe a sound trademark, the sound applied for use as a trademark should be described in staff or simplified notation and attached with a text explanation; if it cannot be described in staff or simplified notation, it should be described in words; the trademark description and the sound sample should be consistent.
If you apply for registration of a collective trademark or certification mark, you must declare it in the application, and submit the subject qualification certification documents and usage management rules.
If the trademark is in a foreign language or contains a foreign language, the meaning shall be explained.
2. Things to note when applying for a trademark in a business name
(1) Trademarks applied for in the name of a company must still be distinctive. The business name does not need to be distinctive. Many companies believe that after their company name is approved, the trademark applied for in the company name will also be approved and registered as a matter of course. In fact, a company name and a trademark are two different rights. Approval of the company name does not mean that the trademark applied for under the company name can be approved and registered naturally. Because a trademark applied for in a business name, like an ordinary trademark, must also be distinctive.
(2) A trademark applied for in the name of a company cannot infringe on the prior rights of others. The registered enterprise name requires that there cannot be the same prior enterprise name in the same administrative region, while the trademark registration requires that there must be no identical or similar prior trademarks nationwide. Therefore, a company that applies to register a trademark under its name must first check whether there are any prior rights nationwide.
(3) The trademark applied for in the name of the enterprise must correspond to the name of the applicant. In principle, an enterprise should apply for trademark registration under its own business name. It can use the full name, abbreviation, Chinese name, English name and Chinese pinyin of the name of the enterprise, but it should not apply for registration with a business name that has nothing to do with its own enterprise name. trademark. Trademarks applied for in the name of a company cannot be substantially different from the name of the company. For example, Sinopec Group Company can apply for registration of Sinopec Corp., Sinopec Corp., etc., but cannot apply for registration of PetroChina or China National Petroleum Corporation.
(4) Trademarks applied for in the name of a company are subject to certain restrictions on transfer. Generally, trademark rights holders can transfer their trademarks at will. However, since trademarks applied for under the name of a company are subject to the same restrictions as the applicant Subject to the conditions corresponding to the name, the trademark owner cannot transfer the trademark to an enterprise whose enterprise name and trademark are substantially different.
According to the "Trademark Law Implementation Regulations" 》Provisions, when applying for trademark registration with a sound mark, the requirements include: a statement should be made in the application, a sound sample that meets the requirements should be submitted, a description of the sound mark applied for registration, an explanation of how the trademark is used, etc. Hope the above content It can be helpful to you. If you have other questions, you can click the button below to consult, or go to the Legal Savior website to consult a professional lawyer.
