Trademark Registration Agent: Professional Analysis Of Trademark Registration Rules

Prior to trademark registration

It has become the most important link in the success of trademark registration, and also a link that can best reflect the professional degree of a trademark agency. This link reflects the understanding of the law and regulations, the accumulation of cases, and the cultural accomplishment and professional ethics of the trademark agents.

Therefore, before the registration of trademarks is essential, the query involves the name of the trademark, so the naming before trademark registration is particularly important.

Trademark names and trademarks contain elements that determine the success rate of trademark registration.

We say that trademarks are usually classified into character trademarks, graphic trademarks and combined trademarks (except for sound trademarks and certification marks). Different trademark reviews are different.

For example, character marks.

It mainly refers to Chinese, Pinyin, or English and their combinations. Such trademarks are the easiest to query, because they are very intuitive and can be queried directly by entering names.

However, it should be noted that if the trademark contains Chinese and Pinyin, the two need to be separately inquired. If there is a dot symbol in the middle of the word trademark, the trademark must be separated from the query.

Then the trademark form is examined. The contents of the form examination include the application documents.

It will take about one month to examine and classify the specifications, clarity and necessary instructions of the trademark.

Next is trademark substantive review, trademark office for trademark registration applications for inspection, data retrieval, analysis and comparison, investigation and research, to confirm whether the application trademark is consistent with the trademark.

There are a series of activities such as the prohibition clause of trademark, the lack of significance, the existence of an approximate trademark, etc., and the decision to give preliminary approval or rejection of a series of applications. This process is rather long.

After the substantive examination, it is the announcement of the trademark preliminary examination. The notice of trademark preliminary examination refers to the decision to allow the registration of trademark registration to be in conformity with the relevant provisions of the trademark law after being examined, and to make a public announcement in the trademark notice.

No one has raised any objection within three months from the date of preliminary announcement of the preliminary verification of the trademark. The trademark shall be registered and the registration notice shall be published.

Finally, a trademark registration certificate is issued, and no initial objection or objection is raised within three months from the date of the preliminary verification announcement. The trademark is registered and the Trademark Office issues a trademark registration certificate after the ruling is not established.

Mo Yan reminds you that after the approval of the trademark registration, the detailed information of the trademark will be recorded in the register, and the date of registration will be traced to the date of submission of the application. In other words, the right to be registered trademark owner should be set up on the date of submission of the application.

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Since the implementation of the intellectual property strategy in 2008, with the deepening of the reform of the commercial system and the enhancement of brand awareness in the whole society, China's trademark brand construction has made leaps and bounds.

In 2015, 2 million 876 thousand applications for trademark registration in China, 4.1 times in 2008, have been ranked number one in the world for 14 consecutive years.

By the end of 2015, the cumulative application volume, cumulative registration volume and effective registration volume of trademarks in China had achieved "three super tens of millions".

From 1 to October 2016, the number of trademark registration applications in China reached 2 million 971 thousand, representing an increase of 30% over the same period last year.

But at the same time, the contradiction between the sharp increase of applications and the lack of censorship has become increasingly acute, and the problems of single application channels and unsmooth service channels have become increasingly prominent.

To solve the above problems, SAIC has set up a leading group for facilitation of trademark registration, widely listened to the opinions of local authorities, enterprises and experts, and targeted research and formulation of reform measures, striving to respond to social concerns, provide quality services and stimulate market vitality.

In July 14th this year, the SAIC issued the opinions of the SAIC on promoting the reform of trademark registration facilitation. In order to solve the problems of trademark registration and management, and take the convenience of trademark registration as the main line, we adopted 5 ways to broaden the channels of trademark application, streamline the process of continuous optimization, improve the Trademark Review Mechanism and strengthen the supervision of trademark credit, and put forward 22 reform measures to further facilitate the applicant to apply for registered trademarks and constantly improve the level of public service of trademarks.

According to the level of regional economic development and the scale of trademark application, it is an important content to set up a trademark review and cooperation center in a rational layout outside Beijing.

In December 1st of this year, the Guangzhou Trademark Office of the SAIC will cooperate with the Guangzhou Office of the Guangzhou center and the Trademark Office in the 12 and 14 floors of Yuexiu District Liuhua exhibition hall. The national trademark brand innovation and Entrepreneurship (Guangzhou) base will also be located in Guangzhou Yuexiu District.

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The main task of Guangzhou center and Guangzhou office is to be commissioned by the Trademark Office of the General Administration of industry and commerce to carry out the on-site acceptance and trademark examination of registered trademarks, conduct publicity on trademark laws and regulations, guide local governments to protect the right to exclusive use of trademarks, and coordinate and promote the implementation of local trademark strategy.