What is the process for applying to register a trademark
Trademark Registration Procedure (1) - Registration Preparation
1. Ways to apply for trademark registration
Applicants can entrust an organization with trademark agency qualifications recognized by the State Administration for Industry and Commerce If you are an agent, you can also go to the Trademark Registration Hall of the State Trademark Office to apply directly.
Registered trademarks are entrusted to organizations with trademark agency qualifications Applicants should decide whether to handle it on behalf of others or go directly to the Trademark Office based on their own specific circumstances. If the applicant is familiar with trademark laws, regulations and related procedures, and the postal service of his usual residence or business place is in good condition, he can go directly to the Trademark Office. If he does not meet the above conditions, it is best to entrust a trademark agency to act as an agent; he has no habitual residence in China or Foreigners or foreign enterprises with business premises applying for trademark registration in China should entrust a trademark agency to handle it on their behalf.
The Trademark Office is in the process of reviewing trademark applications , often you have to apply forPeople issue various documents, such as notices of correction, notices of rejection, etc. Most of these documents require the applicant to make certain modifications to the original application content and respond. These documents are generally mailed through the post office. In view of the fact that the postal channels in some areas of our country are not very smooth, and some applicants' addresses have changed, applicants often fail to receive documents issued by the Trademark Office, which affects the trademark registration process.
Trademark attorneys in trademark agency organizations conduct trademark inspections I am familiar with laws and regulations, and proficient in trademark business. I can understand the intentions of the client and the Trademark Office more accurately, and assist the parties to make accurate modifications to the documents issued by the Trademark Office requiring modification, so that the review of trademark registration applications can proceed smoothly.
2. Inquiry on the right to register a trademark first
Trademark inquiry refers to the trademark registration applicant or its Before filing an application for registration, the agent should conduct a search to see whether the trademark applied for is identical or similar to the previously owned trademark. It is worth noting that although trademark search is not a required procedure for registering a trademark (following the principle of voluntary search), this work can greatly reduce the risks of trademark registration and improve the certainty of trademark registration.
During the query process, it will be affected by data processing and Due to factors such as the trademark application review period, some previously applied trademarks cannot be entered into the database, so this part of the information cannot be retrieved. In addition, the trademark search and examination work is undertaken by different personnel, and the search personnel and different examiners may have different opinions on the examination. Therefore, the results of the trademark search cannot be used as a legal basis and have no legal effect. Therefore, before registering a trademark, it is very necessary to find a professional trademark search company or a trademark agency organization with complete trademark search conditions.
3. Documents and fill-in of trademark registration application
To apply for trademark registration, you must use the unified application form developed and published by the State Administration for Industry and Commerce. The application form can be obtained from the Registration Hall of the Trademark Office. It can also be downloaded from this website. If a trademark agency is entrusted to handle the matter, it will be provided by the agency.
To apply for trademark registration, you must submit the following to the Trademark Office Documents:
1. "Application for Trademark Registration" One copy shall be stamped with the applicant’s seal on the application form. If the applicant is a natural person, he shall sign the application form. The application and other relevant documents should be typed or printed.
2. Be able to prove the applicant’s identity (qualification) A copy of the valid certificate, and the original must be presented at the same time. Different applicants should submit different supporting documents. If the applicant is an enterprise, the enterprise legal person business license or business license should be submitted to the Trademark Office; social groups, public institutions and other organizations should submit the corporate legal person registration certificate or public institution legal person certificate; apply If you are a natural person, you should submit a copy of your ID card, etc. The person handling the application for this unit must also submit a copy of his or her ID card. The applicant's name and address filled in the application form should be consistent with the supporting documents.
3. Each trademark registration application must be submitted Five copies of trademark drawings (for color trademarks with specified colors, five copies of colored drawings and one black and white ink draft should be submitted), and one trademark drawing should be pasted in the designated position on the application form. The trademark pattern should be clear and the contrast between black and white should be obvious. The size of the trademark pattern should be between 5×5 cm and 10×1 cm.between 0 cm. When applying for trademark registration of cigarettes or cigars, the trademark drawing submitted can be of the same size as the actual object.
4. Pay the trademark registration application and other fees as required .
5. Fill in the product name and service items: A very important item in the "Application for Trademark Registration", which is related to the scope of exclusive rights protection of the applied trademark. According to the provisions of Articles 13 and 15 of the "Regulations for the Implementation of the Trademark Law", applications for trademark registration shall be made in accordance with the published goods and services classification table, and the product names or service items shall be filled in according to the goods and services classification. If the product name or service item is not included in the classification list, a description of the product or service should be attached.
Currently, our country adopts the The jointly used "International Classification of Goods and Services for Registration of Trademarks" (Nice Classification) has adopted the eighth edition since January 1, 2002. At the same time, the Trademark Office also formulated the "Classification Table of Similar Goods and Services" based on the above-mentioned classification table. Applicants can fill in the goods or services according to the above classification table and distinction table. If the product name or service item is not included in the classification list, a description of the product or service should be attached. The goods/services filled in each application form can only be limited to one category.
6. Entrusting a trademark agency organization to apply for trademark registration , a power of attorney should also be submitted, which should specify the content and authority of the agency.
Trademark registration procedure (2) - Application for registration
Required conditions for application
1. Only individuals or groups with the following conditions can file trademark applications in my country:
Applicants for trademark registration must be: enterprises established in accordance with the law. Public institutions. Social groups. Individual industrial and commercial persons. Individual partnerships or have signed an agreement with China or jointly participated in international treaties with China or signed an agreement with China. Foreigners or foreign enterprises from countries that are subject to the principle of etc. meet the above conditions.
2. Submit an application according to the classification of goods and services:
At present, my country's trademark law implements the International Classification of Goods, which divides more than 10,000 kinds of goods and services into 42 categories, including 34 categories of goods and 8 categories of services. Apply for a trademark When registering, 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 registration applications in different categories according to the classification of goods. This can avoid trademark rights. The undue expansion of the scope of application is also conducive to the reviewer's approval and the protection of trademark exclusive rights.
3. Determination of trademark application date:
Establishing the filing date is very important. Since trademark registration in my country adopts the first-to-file principle, once the filing date occurs, it becomes the legal basis for determining trademark rights. The filing date for trademark registration is the day the Trademark Office receives the application. The date of the document shall prevail (the minimum unit of date is 'day').
Trademark registration procedure (3) - Trademark review
The concept of trademark review and required documentsTrademark review It is an inspection conducted by the trademark registration authority to determine whether the trademark registration application complies with the provisions of the Trademark Law. Data retrieval. Analyze and compare. A series of activities such as investigating and studying and deciding to give preliminary approval or reject the application.
The Trademark Office is in the process of reviewing trademark applications , various documents must be issued to the applicant. The main documents include: Trademark Acceptance Notice. If the Trademark Office requires the applicant to make certain modifications to the original application content and reply during the review process, it will also send a supplementary notice to the applicant. letter, rejection notice and other documents.
Trademark Registration Procedure (4) - Preliminary Examination Announcement
Trademark approval means that the trademark registration application has been reviewed Afterwards, a decision will be made to allow registration for those that comply with the relevant provisions of the Trademark Law. And be announced in the "Trademark Announcement". If no one raises any objection to a preliminary approval trademark within three months from the date of publication of the preliminary approval announcement, the trademark will be registered and a registration announcement will be published at the same time.
Trademark Registration Procedure (5) - Registration Announcement
Trademark registration is a legal process for trademarking. The trademark registration applicant files an application, and after review by the Trademark Office, a preliminary approval is announced. If no one raises an objection within three months or the objection is ruled to be invalid, the trademark will be registered and effective, protected by law, and the trademark registrant will enjoy the trademark. exclusive rights. It takes about one to one and a half years from application to approval of registration for a trademark. Validity Period of a Registered Trademark A registered trademark is valid for ten years, starting from the date of approval of registration. If the registered trademark expires and you need to continue to use it, you can apply for trademark renewal registration.
Trademark Registration Procedure (6) - Receive Trademark Registration Certificate
Through an agent, the trademark must be submitted by the agent The registrant sends the Trademark Registration Certificate.
If you apply for trademark registration directly, the trademark registrant should After receiving the "Notice of Collecting the Trademark Registration Certificate", go to the Trademark Office to collect the certificate. At the same time, you should also bring:
(1) Letter of introduction for receiving the trademark registration certificate;
(2) ID card and copy of the recipient;
(3) Original copy of business license, the copy should be stamped with the seal of the local industrial and commercial department;
(4) Receive trademarkNotification of registration certificate;
(5) Trademark registration If the name of the person is changed, a change certificate issued by the work department must be attached.
Everyone will understand after reading the content of this article Well, this is also relatively important legal knowledge at present. If you have any other questions, please feel free to consult the professional lawyers on the Legal Savior Network.