How To Register Legitimate Trademarks For Your Products?
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, according to law, submit it to the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office).
Application for trademark registration
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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.
Trademark registration
query
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.
Trademark registration form
Examination
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.
Substantive examination of trademark registration
Trademark substantive review (about 12-18 months), trademark substantive review is the trademark registration authorities to inspect whether the application of trademark registration is consistent with the trademark law.
Data retrieval.
Analysis and comparison.
Investigation and study, and decided to give a series of activities such as preliminary approval or rejection of applications.
First trial announcement 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") in the use, you can mark "TM".
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What does a legal person require to apply for a trademark?
Material Science
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, trademark registration fee is 1900 yuan /, 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.
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