How is the date of acquisition of registered trademark rights determined
The date of trademark registration refers to the date when the trademark becomes exclusive On the day when the trademark rights are granted (that is, the time when the trademark exclusive rights are published on the trademark website), the time on the trademark acceptance notice indicates that the Trademark Office has officially accepted your trademark application.
What is the trademark registration application procedure?
1. Registration preparationChoose registration Way. One registration method is to apply for registration at the Trademark Office of the State Administration for Industry and Commerce; the other registration method is to entrust an experienced trademark agency to organize agency services.
2. Prepare information
Prepare 5 pieces of trademark drawings (for color trademarks with designated colors, 5 colored drawings and 1 black and white ink draft should be submitted), the length and width should not exceed 10 cm,Not less than 5 centimeters, and if the direction of the trademark pattern is unclear, arrows should be used to indicate the upper and lower parts; if an individual applies, one must present their ID card and submit a copy plus a copy of their individual business license and the business scope must be consistent with the registered trademark; if it is an enterprise To apply, please present a copy of the company's "Business License" and submit a copy; a trademark registration application form stamped with the company's official seal.
3. Start applying
4. Submit an application according to the classification of goods and services
Goods and services are divided into 45 categories, including 34 categories of goods and services 11 categories. When applying for registration, the category of goods or services for which the trademark is used should be determined according to the classification of the goods and services classification table; if the same applicant uses the same trademark on different categories of goods, he should file a registration application according to different categories.
5. Determination of application date
Since trademark registration in China adopts the first-to-file principle, once you and other If a company has a dispute over trademark rights, the company with the earliest filing date will be protected by law. Therefore, it is very important to establish the filing date. The filing date shall be the date when the Trademark Office receives the application.
The next step is trademark review, preliminary review announcement, and registration Three procedures are announced. It needs to be emphasized that a trademark that has passed the preliminary review by the Trademark Office can only be registered if no one raises objections after the announcement is published. The trademark is protected by law. The validity period of a registered trademark is ten years, calculated from the date of approval of registration. The validity period has expired and needs to be continuedIf you continue to use it, you can apply for trademark renewal registration.
6. Receive the trademark registration certificate
After the trademark is registered, the Trademark Office issues a certificate to the registrant.
If it is organized through an agent, the agent will register with If you apply for registration directly, the registrant should go to the Trademark Office to get the certificate after receiving the "Notice of Collecting the Trademark Registration Certificate". At the same time, he should also bring: a letter of introduction for receiving the trademark registration certificate, and the identity card of the person who received the trademark registration certificate. and a copy, an original copy of the business license and a copy stamped with the seal of the local industrial and commercial department, a notice of receipt of the trademark registration certificate, and a change certificate issued by the industrial and commercial department if the name of the trademark registrant is changed.
7. Instructions for trademark registration application
Natural persons, legal persons or other organizations for their production, manufacturing, processing, If the goods selected or distributed or the services provided require the exclusive right to use a trademark, a trademark registration application shall be submitted to the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) in accordance with the law.
The date when the registered trademark right is obtained is the trademark ownership On the day of acquisition, the article on how to proceed with trademark registration also gave you a certain introduction, and the process has been listed in detail for you in the article. You can learn a little bit. If you need professional help or relevant legal consultation, the Legal Savior Network will serve you enthusiastically.
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