Relevant Provisions Of Trademark Registration

If a natural person, a legal person or any other organization needs the right to exclusive use of a trademark for the goods or services it produces, manufactures, processes, selects or distributes, it shall apply for trademark registration to the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) according to law.

In each category of the international classification of goods and services for trademark registration, each registered trademark is a trademark (one label, one category).

Each trademark is considered an application for every registration application. A set of application forms should be submitted separately to pay the fees separately.

It takes about two years for a trademark to be registered from application to approval.

There is no statutory time limit for the approval or dismissal of the application for trademark registration. At present, the trademark is generally announced on the first notice of 18 months from the date of application. (the time of dismissal is earlier). If there is no objection to the trademark within 3 months from the date of the preliminary notice, the Trademark Office will announce the trademark and issue the trademark registration certificate.

The time period for trademark review will change at any time according to the speed of internal examination of the trademark office.

(1) trademark registration enquiry

Trademark enquiry refers to whether the trademark registration applicant or his agent has the same or approximate query on whether the trademark applied to it is in correspondence with the first priority trademark before applying for registration.

Enquiry is not a necessary procedure for trademark application registration. The scope of enquiry is limited to the registered trademark and the application trademark, which is entered into the database of the trademark office from the date of inquiry, and does not contain the prior power information in the appraisal status. The result is not legally valid, and is used only as a reference. It is not the basis for the Trademark Office to approve or reject the application.

Trademark enquiry is a professional job. You can also entrust us to inquire about it. We will reply you on a working day.

(two) examination of the form of trademark registration

Trademark form examination (3 months or so), trademark form examination refers to whether the registration authority of trademark registration applies to the registration of trademark and whether it is in conformity with the law. If it meets the requirements of the law, the censorship organization should edit the application number and determine the application date.

It is very important to establish the application date. Since the trademark registration 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, and the trademark office receives the notification of acceptance of the application form in conformity with the formal requirements.

(three) substantive examination of trademark registration

Trademark substantive review (about 12-18 months), the substantive examination of trademark is the inspection carried out by the trademark registration authority in respect of whether the application for trademark registration is consistent with the trademark law. Data retrieval, analysis and comparison, investigation and research, and decision to give a series of activities such as preliminary approval or rejection of application.

(four) Notice of initial registration of trademark registration

The preliminary notice of a trademark (3 months) refers to the decision to allow the registration of a trademark to permit its registration in conformity with the relevant provisions of the trademark law after examination.

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.

No objection or objection is raised within three months. If the ruling is not established, the trademark will become effective and issue the registration certificate.

The four step: trademark inquiry (one day) - trademark form review (about 1 months) - trademark substantive review (12 - 18 months) - trademark notice (3 months) - Registration Certificate (2 months).

Friendship reminder: during the period of trademark application (before being granted registration), please do not mark the registration mark (such as "registered trademark", "etc.") in the application, marking "TM".

What materials do companies need to provide for trademark application?

The legal person applies for the trademark to provide the following materials: 1. the photocopy of the business license (with a clear official seal in the blank); 2. the trademark pattern (including the text drawing or graphics, etc.), 3., inform the registered product or service, for example, whether it is a garment or an electrical appliance.

In the name of a natural person, such matters as registration, pfer, etc. shall be submitted in addition to the materials such as the application for trademark registration and the trade mark pattern in accordance with the relevant provisions.

First, individual business owners may apply for trademark registration in the name of the applicant in the name of their own business license, or apply for trademark registration in the name of the person in charge of the registration.

In the name of the person in charge, a copy of the following materials should be submitted:

(1) the identity card of the person in charge;

(two) business license.

Two, individual partnership may apply for trademark registration in the name of the name registered in the business license or the registration document of the competent authority as the applicant, and may also jointly apply for trademark registration in the name of all partners.

A copy of the following materials should be submitted in the name of all partners:

(1) the identity card of the partner;

(two) business license;

(three) partnership agreement.

Three, the rural contracted operators may apply for trademark registration in the name of their contractors, and submit copies of the following materials when applying for them.

(1) identity card of the signatory;

(two) contract.

Four. Other natural persons who are permitted to engage in business activities in accordance with the law may apply for trademark registration in the name of the operators listed in the registration documents issued by the competent administrative authorities.

(1) the identity card of the operator;

(two) registration documents issued by the relevant administrative authorities.

Five, the scope of the goods and services that the natural person applies for trademark registration shall be limited to the scope of business approved by the business license or the relevant registration documents, or by its own farm and sideline products.

Six, the Trademark Office shall not accept the application for trademark registration which does not comply with the fourth provision of the trademark law, and notify the applicant in writing.

If the applicant provides false material for trademark registration, the Trademark Office shall cancel the registered trademark.

Seven, the application time of ordinary trademark registration is 18 months, but according to the actual situation, the registration time is generally 2-3 years.

Eight, the registration fee is 1000 yuan / (Guan Fei), plus agent fee, the agency fee is different in different regions. After exceeding the rated 10 commodity categories, each additional commodity will increase RMB 100 yuan.

Nine, for the pfer of trademark application, the pferee is a natural person, and shall refer to the above matters.

Specific requirements for completing the application for trademark registration

1, according to the fifteenth provision of the trademark law, the relevant documents such as application for trademark registration shall be typed or printed.

For the handwritten trademark application, the Trademark Office will not accept it.

2, the name and address of the applicant for trademark registration shall be completed in accordance with the business license. If the address in the business license does not have the name of the province, city or county where the enterprise is located, the applicant must add the name of the province, city or county before the address.

The official seal of the applicant should be exactly the same as the name of the enterprise registered in the business license.

3, commodities or service items should be specified in accordance with the classification of goods and services or the list of similar commodities and services, and an application can only fill in one category of goods or services.

If a commodity name or service item is not included in the classification list, it shall be accompanied by a description of the commodity or service item.

4. If the applicant is a natural person, the applicant's name should be completed in addition to the name, and the ID card number must be filled after the name. The address of the applicant can fill in the actual address or address of the natural person.

5, if a trademark applied for registration is not a three-dimensional trademark or a color combination trademark, the applicant shall type "" "" in the front box of the trademark category column.

6. Please check the application carefully before submitting the application.

To fill in the error, we need to submit an application for correction of trademark application / registration (Book Seven) and pay a fee of 500 yuan, and the applicant, goods or service items and trade marks shall not be replaced.

Six. Payment of registration fees

Within a category of 10 commodity names or service items, the registration fee for each trademark registration application is 1000 yuan, more than 10 (excluding 10), each additional item, plus an additional 100 yuan.

Where a trademark agency is entrusted, the applicant shall pay the trademark registration fee and agency fee to the trademark agency, and the trademark registration fee charged by the Trademark Office shall be deducted from the advance payment of the trademark agency.