How much does trademark registration cost? What are the conditions
Trademark registration is based on category To charge, one trademark per category is counted as one, and the fee for registering several categories is multiplied by the number.
You can choose 10 products or services in each category. If you choose more than 10 products or services, the National Trademark Office will charge an additional 100 yuan per product.
Conditions for trademark registration applicants
Natural persons, legal persons or other organizations for their production, If you need to obtain the exclusive right to use a trademark for the goods you manufacture, process, select or distribute, or for the services you provide, you must apply for trademark registration with the Trademark Office.
Two or more natural persons, legal persons or other organizations may jointly apply to the Trademark Office to register the same trademark and jointly enjoy and exercise the exclusive right to the trademark.
Conditions for the formation of a trademark
1. Requirements for a trademark Prerequisites
The necessary requirements for a trademark include two things: First, it should have legal constituent elements. Any visible sign that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numbers, three-dimensional signs and color combinations, as well as combinations of the above elements, can be applied for as a trademark register. Trademarks such as smell cannot be registered in my country; secondly, trademarks should have distinctive features. The distinctive characteristics of a trademark can be obtained in two ways: first, the distinctive characteristics inherent in the mark itself, such as a trademark with a novel concept and unique design; second, obtaining distinctive characteristics through use, such as a narrative mark that directly describes the quality of the goods and other characteristics. If the use obtains distinctive features and is easy to identify, it can be registered as a "secondary meaning" trademark.
Also. On the morning of August 30, 2013, the fourth meeting of the Standing Committee of the Twelfth National People's Congress voted and adopted the "Decision of the Standing Committee of the National People's Congress on Amending the Trademark Law of the People's Republic of China". Effective from May 1, 2014 Implementation. The amendment to the Trademark Law adds elements of a trademark that can be registered and stipulates that sounds can be registered as trademarks.
2. The prohibited conditions of trademarks
The prohibited conditions of trademarks are also called the negative aspects of trademarks Requirements refer to situations where a registered trademark sign should not have.
(1) Shall not infringe the prior rights or legitimate interests of others. The main content is: the same or similar goods shall not be identical or similar to the registered or previously applied trademark; the trademark applied for registration on the same or similar goods is a copy, imitation or translation of someone else's well-known trademark that has not been registered in China, which may easily lead to If the trademark is confusing, it will not be registered and is prohibited from use; the trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of a well-known trademark registered in China by others, misleading the public, and causing the interests of the registrant of the well-known trademark to be affected. If the trademark is damaged, registration will not be allowed and use is prohibited; without authorization, the agent or representative registers the trademark of the principal or represented person in his own name, and if the principal or represented person raises an objection, the registration will not be allowed. It is prohibited to use it; it is not allowed to preemptively register a trademark that has been used by others and has certain influence by unfair means; it is not allowed to infringe other people's other prior rights, such as design patent rights, copyrights, name rights, portrait rights, trade name rights, and special mark exclusive rights. rights, exclusive rights to the Olympic logo, exclusive rights to famous product names, packaging, decoration, etc.
(2) It shall not violate the provisions of the Trademark Law prohibiting the registration or use of certain marks. Articles 10, 12 and 16 of the Trademark Law mainly provide provisions from the following two aspects:
First, signs that are prohibited from being registered or used as trademarks: the same The country name, national flag, national emblem, military flag, and medals of the People's Republic of China are the same or similar, as well as the name of a specific place where the central state agency is located or the name or figure of a landmark building; the country name, national flag, or national emblem of a foreign country are the same. , the same or similar military flag, except where the government of the country agrees; the same or similar as the flag, emblem, or name of an intergovernmental international organization, except with the consent of the organization or it is not likely to mislead the public; and the same or similar flag, emblem, or name that indicates the implementation of control or guarantee Identical or similar to the official signs and inspection marks of the country, except those authorized; Identical or similar to the signs and names of the "Red Cross" and "Red Crescent"; Ethnic discriminatory; Exaggerated propaganda and deceptive sexual; harmful to socialist moralsOr have other adverse effects; the names of administrative divisions at or above the county level or place names known to the public, except where the place names have other meanings or are part of collective trademarks or certification marks, registered trademarks using place names will continue to be valid; the trademarks contain Geographical indications of goods that do not originate from the area indicated by the mark and mislead the public will not be registered and are prohibited from use; however, registration that has been obtained in good faith will continue to be valid.
Second, signs that are prohibited from being registered as trademarks but can be used as unregistered trademarks or other signs: ① Only the common name, graphics, and model of the product ; Merely directly indicating the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods; Lack of distinctive features. The above-mentioned marks that have acquired distinctive features through use and are easy to identify can be registered as trademarks. ② When applying for a registered trademark with a three-dimensional mark, the shape that is solely caused by the nature of the product itself, the shape of the product that is necessary to obtain technical effects, or the shape that makes the product of substantial value shall not be registered.
The above content is the relevant answer. Generally, it does not cost too much to register a trademark. Generally, you can register a trademark for about a few thousand yuan. This There may be certain differences in each region. If you need to register a trademark, you must first be a person with full capacity for civil conduct. If you have other legal issues, you can consult the relevant lawyers on the Legal Savior Network.
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