Procedure And Details Of Trademark Registration

1. Natural person

2. Legal person

3. Other organizations

4, foreigners or foreign enterprises that have signed an agreement with China or jointly participated in international treaties or equal principles with China.

In conformity with the above conditions, the right to exclusive use of a trademark shall be obtained from the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) in accordance with the law.

In the narrow sense, the application for trademark registration only refers to the application for trademark registration of goods and services, the application for international registration of trademarks, the application for certification trademark registration, the application for collective trademark registration, and the application for registration of special marks.

A broad application for trademark registration includes not only the contents of the application for trademark registration in a narrow sense, but also changes, renewal, pfer of registration application, objection application, filing application for trademark license contract, and other trademark registration matters.

At present, there are nearly 150 trademark agency organizations approved by the state, which are distributed in all provinces, autonomous regions and municipalities directly under the central government.

If the applicant is familiar with the trademark laws, regulations and related procedures, he can go directly to the trademark office if he has good postal status in his habitual residence or business place. If he does not have the above conditions, it is better to entrust a trademark agency with agent. In China, a foreigner or a foreign enterprise applying for trademark registration in China without a regular residence or business place shall entrust a trademark agency to handle it on behalf of it.

In the process of examining trademark applications, the trademark office often issues various documents, such as correction notice and rejection notice, to the applicant.

Most of these documents require the applicant to make some changes and reply to the original application content.

These documents are usually sent through the post office. In view of the fact that the postal passages in some areas of China are not very smooth, and some of the applicant's addresses change, the phenomenon that the documents issued by the trademark office can not be received frequently happen, which has affected the process of trademark registration.

It is worth noting that although trademark inquiry is not a necessary procedure for a registered trademark (following the principle of voluntary inquiry), this work can greatly reduce the risk of trademark registration and enhance the certainty of trademark registration.

During the process of inquiry, it will be affected by the data processing and the application period of trademark application, so that some previously applied trademarks can not be entered into the database, so the information can not be retrieved.

In addition, trademark enquiry and review work is undertaken by different personnel, and different opinions may arise from the examination point of view between inquiring personnel and different censors. Therefore, the result of trademark inquiry can not be used as a legal basis and does not have legal effect.

Therefore, before a registered trademark is found, it is necessary to find a professional trademark search company or a trademark agency with perfect trademark search conditions.

The application can be obtained from the registration hall of the trademark office.

The entrusted trademark agency shall be provided by the agent organization.

If the applicant is a natural person, he shall sign the application form.

Relevant documents, such as applications, should be printed or printed.

Different applicants should submit different supporting documents. If the applicant is an enterprise, the business license or business license of the enterprise legal person should be submitted to the trademark office. Social organizations, institutions and other organizations should submit a corporate registration certificate or an enterprise legal person certificate. If the applicant is a natural person, he should submit a copy of his identity card.

The person who handles the application for this unit also has to submit a copy of his identity card.

The name and address of the applicant should be consistent with the supporting documents.

The trade mark shall be clear, black and white contrasts, and the specifications of the trademark shall be between 5 * 5 cm and 10 * 10 cm.

For trademark registration of cigarettes and cigars, the trade marks submitted can be of the same size as physical objects.

(registration fee: $1000)

According to the provisions of the thirteenth and fifteen articles of the trademark law, the application for trademark registration shall be filed according to the classification of goods and services published, and the commodity names or service items shall be completed in accordance with the classification of goods and services.

Where a commodity name or service item is not included in the classification list, a description of the commodity or service shall be attached.

At the same time, the Trademark Office also made a list of similar commodities and services according to the above classification.

The applicant may fill in the commodities or service items in accordance with the classification table and the differentiation table.

Where a commodity name or service item is not included in the classification list, a description of the commodity or service shall be attached.

The goods / services in each application can only be restricted to one category.

6. If a trademark agency applies for trademark registration, it shall also submit a proxy letter. The power of attorney shall be specified in the power of attorney.

There are special requirements for registration of certain types of trademarks, and the following books should be submitted separately according to different circumstances.

Applicants for collective trademarks should be associations, associations or other organizations, rather than ordinary applicants.

The number of pictures in the pattern can be determined according to the shape of the three-dimensional logo.

It can be a front face of the solid shape, and may also contain some sides of the three-dimensional shape. However, no matter it contains several sides, it should be made in a 10 * 10 cm paper at the end.

2, apply according to the classification of goods and services:

At present, the implementation of trademark law in China is an international classification of goods. It classifications over ten thousand kinds of goods and services into 45 categories, 34 categories of goods and 11 categories of service items.

For each application for trademark registration, 10 items can be selected within a category of goods or services, and each additional item is added to 100 yuan.

Establishing the date of application is very important. Since the application of trademark registration in China is based on the principle of first application, once the application date has become the legal basis for determining the trademark right, the date of application for trademark registration is based on the date of receipt of the application form by the Trademark Office (the smallest unit of date is "day").

According to the trademark law, the trademark office applies the principle of examination to trademark application, and the Trademark Office specifies the examiners for examination.

The review includes two steps: formal review and substantive review.

Formal examination is a review of whether the application for trademark registration can be accepted.

The form examination includes the examination of the qualifications of the applicant for trademark registration, the authenticity, accuracy, accuracy, completeness and completeness of the application of the trademark registration application, that is, whether the book is in conformity with the regulations and whether the procedures are complete.

Substantive examination is the examination of whether a trademark has the conditions of registration.

The substantive review is conducted mainly from two aspects: first, to examine whether the trademark is significant, whether it violates the prohibited articles of the law; and the two is to examine whether the trademark is identical or similar to the trademark rights previously applied or registered.

It will be announced in the trademark notice.

If no objection is raised to the initial approval of the trademark three months from the date of the publication of the preliminary approval bulletin, the trademark shall be registered and the registration announcement is published.