What should you pay attention to when applying for a trademark?
There are many things that need to be paid attention to during the trademark registration application process, and the agent will give specific guidance.
1. Pay attention to the trademark search before application
Trademark search is an important task. Only through search can we understand the status of prior rights and reduce the application rejection rate. At present, there are more than one million registered trademarks in my country, especially for clothing, electronic products, food and other goods. The number of registered trademarks is huge, so it is very easy to apply for registration of the same or similar trademarks on the same or similar goods. However, some companies do not pay attention to the trademark search work, thinking that the trademark is their own original creation and will not be the same or similar to other people's trademarks. As a result, the application is rejected, which costs a lot of money. , which delays time and even affects production. It is also important to note that after trademark search, it does not mean that it will be 100% approved for registration, because currently only text trademark search business is carried out, and the results of the search are only four months. Reflecting the previous word trademark information, the prior rights situation within four months cannot be grasped. In addition, our country has a vast territory, and it is very likely that applicants from different regions across the country will apply for the same or similar trademarks in the same category on the same day. Therefore, the trademark search results are for reference only and have no legal effect.
2. Improve self-protection awareness
An enterprise’s trademark self-protection awareness is reflected in two aspects: trademark registration and use management. Here we onlyTalk about the protection awareness you should have when it comes to registration. First of all, should pay attention to applying for registration to the relevant departments in a timely manner. Article 18 of the Trademark Law stipulates the first-to-file principle. However, some companies lack the awareness of trademark registration. As a result, their original trademarks that have been used for many years are registered by others, causing economic losses. Secondly, should be good at weaving a solid protective net.
3. Design a good trademark
Trademark design involves many fields, and several elements usually need to be grasped:①The trademark must be distinctive. ②Trademark design must comply with legal requirements and cannot use prohibited words and graphics stipulated in Article 8 of the Trademark Law. ③Trademark design should change the tendency of focusing on realism, and advocate the use of more original words or graphics without specific meanings as trademarks. ④Trademark design should take into account the customs and habits of different countries, regions, and ethnic groups, conform to the psychology of consumers, and prevent the occurrence of negative cultural influences. ⑤The trademark design must be artistic. The designed trademark should be easy to read, see, remember, simple and clear, and give people a sense of beauty.
4. Use and publicize the trademark under registration application with caution and moderation
A trademark registration application does not equal the determination of the exclusive right to use a trademark. Therefore, the use and promotion of the trademark under application should be used with caution and moderation.
① When using, do not mark the registration mark, that is, "⑩", "@", "registered trademark", otherwise it will be considered as counterfeiting a registered trademark. According to Article 32 of the "Trademark Law Implementing Rules", you can A fine of less than 20% of the illegal business volume will be imposed. ② Do not print too many outer packaging items, and do not invest too much in advertising to avoid problems caused by confirmation of rights. Economic losses.
5. Declare trademarks and fill in product names scientifically
① Whether to declare a combination trademark or a single trademark depends on the products on which the trademark is used. ② Fill in the product Naming is an important task and should be carried out under the guidance of professionals: First of all, the product name must not cross categories and must be specific. Secondly, the products must be selected so as to be protected in the entire category. General trademarks must be To be protected in all categories, the declared products must be carefully selected from each group of the category, and each group should be focused on reporting one to several products that suit them.
Requirements for registered trademarks
1. It should have legal constituent elements.
Any visible mark that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numbers, three-dimensional signs and color combinations , and combinations of the above elements can be applied for registration as trademarks. Audio, gas and other trademarks that cannot be perceived visually cannot be registered in China.
2. Trademarks should have distinctive features. The distinctive features of a trademark can be obtained in two ways: first, the inherent distinctive features of the mark itself, such as a trademark with novel ideas and unique design; second, through Use to obtain distinctive features, such as directly describing the quality of the productNarrative marks with other characteristics that have acquired distinctive features through use and are easy to identify can be registered as "secondary meaning" trademarks.
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