What You Need To Know Is The Process And Materials For Trademark Registration.
Registration process
Trademark enquiry (within 2 days) - application document preparation (within 3 days) - submission of application (within 2 days) - payment of trademark registration fee, trademark form examination (1 months), issue of trademark acceptance notice, trademark substantive examination (12 months), trademark announcement (3 months), certificate of business award.
(2014.05.01) the new trademark law shall be implemented, and the substantive examination period of the trademark shall be 9 months.
1, trademark inquiry.
Trademark enquiry refers to whether the trademark registration applicant or his agent has the same or approximate query on whether the trademark is applied to the prior right trademark before applying for registration.
The following situations are explained here:
1) words that are not significant or are prohibited by trademark law prohibition should not be querying to determine whether their application for registration can be approved.
2) if the same or similar trademark that has been applied before has not entered the database of the Trademark Office at the time of inquiry, the query result can not be reflected because of the similar time between the two.
3) if the query report provides several trademarks that may constitute an approximate trademark, the agent only makes analysis through general review standards and experience, and the views are for reference only, and can not represent the Trademark Office's examination opinion.
4) for a combined trademark, for example, only part of the trademark (such as Chinese or English) is queried, and the other parts (such as graphics) in the actual application of the trademark will be rejected as the same or similar to the registered trademarks of others.
5) the client only provides the name of the trademark when querying, but the difference in font design, color, structure or arrangement will result in the query result can not fully reflect the same or approximate degree.
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Trademark Review
Trademark examination is divided into formal examination and substantive examination.
(1) the examination of trademark form (3 to 4 months) is very important to establish the application date. Since the application of trademark registration in China is based on the principle of first application, once the date of application has become the legal basis for determining the trademark right, the application date of trademark registration shall be based on the date of receipt of the application form by the Trademark Office, and the Trademark Office shall receive an application letter from the Trademark Office to issue an acceptance notice to the application that meets the requirements of formal elements.
trademark registration certificate
(2) the substantive examination of trademark (12 months), the substantive examination of trademark is the inspection conducted 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 preliminary examination or rejection of applications are decided.
During this period, please do not mark the registration mark (such as "registered trademark" or "TM") before marking the trademark.
In addition, before the registration is approved, the goods and packages or trademark labels with the trademark should not be overproduced at one time to prevent unnecessary losses due to the obstruction of registration.
first
Notice of trial
The approval of a trademark is a decision on the registration of a trademark registration after its examination, allowing its registration to comply with the relevant provisions of the trademark law.
It will be announced in the trademark notice.
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.
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 work and can be commissioned by trademark agents for more accurate suggestions.
Trademark enquiries can also be entrusted to the Trademark Office's public institutions to consult the Trademark Office, and the results of their enquiries are still more accurate.
Trademark analysis refers to whether a trademark registrant or his agent before applying for registration is required to apply for a trademark against the trademark prescribed in the trademark law, prohibiting the registration as a trademark or prohibiting the use of the trademark as a trademark.
This is also a necessary job before trademark application is required to improve the success rate of trademark application.
Formal examination
Examination of trademark registration form
Trademark form examination (3 months or so), trademark form examination refers to whether the registration authorities of trademark registration apply to the registration of trademarks and procedures are in conformity with the provisions of the law. If it is in conformity with the provisions of the law, the censorship organization shall edit the application number, determine the application date, and issue the notice of acceptance of trademark registration application.
It is very important to establish an application day.
(2014.05.01) the new trademark law shall be implemented, and the examination period for trademark will be about 1 months.
Substantive examination
Substantive examination of trademark registration
Substantive examination of trademarks (18-30 months or so).
(2014.05.01) the new trademark law shall be implemented, and the substantive examination period of the trademark shall be 9 months.
Preliminary notice
The preliminary notice of a trademark (3 months) means that after the examination of the application for trademark registration, it is in conformity with the relevant provisions of the trademark law and allows it to register its trademark.
It will be announced in the trademark notice.
In the first instance, no one raised an objection from the date of publication of the notice of first instance in March. The trademark was registered and registered notice was 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 - 48 months) - trademark notice (3 months) - Registration Certificate (2 months).
Friendship reminder: during the period of trademark application (before being allowed to register), please do not mark the registration mark (such as "registered trademark" or "TM") in the application.
A legal person applying for a trademark shall be provided to the trademark office.
What's the material?
?
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.
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