How to apply for trademark registration

We know that if a company produces the same product, it can apply for trademark rights, so that it can be protected by law. However, many people don’t know much about how to apply for a trademark. Below, the editor of Legal Savior Network will explain the relevant content for everyone’s reference and study. I hope it will be helpful to everyone.

1. How to apply for trademark registration

1. Registration preparation

Select the registration method.

One ​​is to apply for registration at the Trademark Office of the State Administration for Industry and Commerce;

The other is One is to entrust an experienced trademark agency to organize agency services.

2. Prepare information

Prepare 10 trademark drawings (color trademarks in designated colors, 10 colored drawings and 1 black and white ink drawing should be submitted), the length and width should not be greater than 10 cm and not less than 5 cm. If the direction of the trademark pattern is unclear, arrows should be used to indicate the upper and lower parts; if the application is made by an individual, an ID card must be presented And submit a copy plus a copy of the individual business license and the business scope is consistent with the registered trademark; if it is an enterprise application, present a copy of the enterprise's "Business License" and submit a copy; a trademark registration application form with the official seal of the unit.

3. Submit an application according to the classification of goods and services

Currently, there are a total of goods and services It is divided into 45 categories, including 34 categories of goods and 11 categories of services. 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.

4. Determination of the filing date

This is the most important point: because Chinese trademarks Registration follows the first-to-file principle. Once you have a trademark dispute with another company, the company with the first 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.

Next are the three procedures of trademark review, preliminary review announcement, and registration announcement. It should be emphasized that a trademark that has passed the preliminary review by the Trademark Office can be registered only if no one raises objections three months after the announcement. The trademark is protected by law. The validity period of a registered trademark is ten years, calculated from the date of approval of registration. If the validity period expires and you need to continue to use it, you can apply for trademark renewal registration.

How to get the trademark registration certificate

After the trademark is registered , the Trademark Office issues a certificate to the registrant.

If the "Trademark Registration Certificate" is sent to the registrant by the agent through an agency organization; if the registration is done directly, the registrant should receive the "Trademark Registration Certificate" Go to the Trademark Office to obtain the trademark registration certificate within three months after receiving the Notice of Registration Certificate. At the same time, you should also bring: a letter of introduction for obtaining the trademark registration certificate, the identity card and copy of the applicant, the original copy of the business license and the seal of the local industrial and commercial department. Copies, notice of receipt of trademark registration certificate, and change certificate issued by the industrial and commercial department must be attached if the name of the trademark registrant is changed.

2. Legal provisions

Article 22 of the "Trademark Law"

Trademark registration applicants shall fill in and use according to the prescribed commodity classification table The product category and product name of the trademark shall be submitted for registration. A trademark registration applicant can apply to register the same trademark for multiple categories of goods through one application. Trademark registration applications and other relevant documents can be submitted in writing or in the form of data messages.

Article 23

Registered trademarks require goods outside the approved scope of use If the exclusive right to use a trademark is obtained online, a separate application for registration shall be submitted.

Through the editor's introduction, we can understand that applying for a trademark requires a certain process. There are relevant regulations in national laws. Some There are still areas that need attention, I hope everyone understands. The above is the relevant content compiled by the editor of Legal Savior Network for everyone. If you still have any questions, you can consult the relevant lawyers of Legal Savior Network.