What You Need To Know About Trademark Registration: Application For Renewal And Filling Requirements
Trademark registration apply for a renewal
Brief description
The validity period of a registered trademark is 10 years. If a registered trademark is required to continue to be used after its expiration, it shall apply for renewal of registration within 6 months before the expiration of the registered trademark. During this period, there was a 6 month extension. No application has been made during the extension period, and the Trademark Office will cancel it after expiration. (2014.05.01) to implement the new trademark law, a registered trademark may apply for renewal 12 months before the expiry date.
Ways of handling
There are two ways to apply for renewal of a registered trademark:
(1) entrust a trademark agency to file a record with the trademark office.
(two) go to do it yourself.
Renewal format
There is only one type of renewal document, that is, the application for renewal of trademark.
Application steps
(1) preparation of application forms
1. The application should be submitted to:
(1) application for renewal of trademark
(2) photocopy of the main body qualification certificate confirmed by the applicant or by signature or signature.
(3) the principal's agent's submission of the proxy letter, the identity card and the photocopy of the person who submitted the agent directly in the registration hall.
(4) photocopy of registration certificate
(5) the application document is foreign, and the Chinese version of the signature should also be provided by the translation agency or agency.
2, specific instructions
(1) one by one in accordance with the requirements of the application, and must be typed or printed. The applicant is a natural person. He should fill in the identification number after his name.
(2) 1 copies of renewal application should be submitted for each trademark.
(3) a direct copy of the identity card of the registrant should be submitted directly to the trade mark registration hall. A letter of attorney for trademark agency shall be submitted for the handling of the trademark agency.
(4) the trademark that applies for renewal is a common trademark, and the application shall be made in the name of the representative.
(5) according to the provisions of article thirty-fourth of the trademark law, the time when the objection to a trademark has been approved and registered by a ruling objection, and the time when the applicant for trademark registration obtains the exclusive right to use the trademark shall be counted from the date of the expiration of the three month of the first instance notice. Therefore, a trademark still in dispute, objection review, and objection retrial proceedings has been applied for renewal within six months before the expiry date of the trademark renewal. If the application fails, the extension period can be granted for six months. The Trademark Office will decide whether to approve renewal according to the objection, objection review, or the final result of litigation. If the trademark is finally not approved and registered, the Trademark Office will not approve the renewal application, and the application fee can be refunded.
(two) application for submission
1, directly handle the application of the registration hall at the receiving window.
2. Where a trademark agency is entrusted, the trademark agency shall deliver the application to the trademark office.
(three) payment of renewal fees
The fee for each renewal application is 2000 yuan. If it is to submit renewal application within the extended period, it will also need to pay a delay fee of 500 yuan.
If it is entrusted by a trademark agency, the Trademark Office deducts the fees from the advance payment of the trademark agency.
1. After the renewal application is approved, the Trademark Office will issue a renewal certificate to the applicant. If it is processed directly, it will send it to the applicant by mail in accordance with the address filled in the application form, and the agent shall send it to the agent organization.
2, if the renewal application needs to be corrected, the Trademark Office shall issue a correction notice to the applicant, requiring the applicant to make corrections within a specified time limit. If the applicant fails to make corrections within the prescribed time limit, the Trademark Office shall have the right not to approve the renewal application.
3. If the application for renewal is not approved, the Trademark Office shall issue a notice of disapproval.
4, if the applicant has entrusted the trademark agency to renew the application, the Trademark Office will send all the books to the trademark agency.
5, the type of application should be completed in accordance with the international classification categories approved by the trademark registration certificate.
important clause
(1) the above contents are not official documents issued by the State Administration for Industry and commerce or the Trademark Office of the State Administration for Industry and commerce. Therefore, all contents are instructive and not legally binding.
(two) the above contents were revised in March 2010. If there is any change in the future, or if the requirements of the reception personnel in the registration hall are inconsistent, the requirements of the reception staff shall prevail.
Fill in requirements
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, a commodity or service item should be specified in accordance with the classification of goods and services or the tenth edition of similar commodity and service differentiation form, 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.
Trademark registration regulation Payment of fees
Within a category of 10 commodity names or service items, the registration fee for each trademark registration application is 1000 yuan (adjusted from October 1, 2013 to 800 yuan per piece), and more than 10 (excluding 10), each additional one, plus 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.
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