1. Procedure for individuals to register trademarks
1. "Fill in the "Trademark" Registration Application", submit the application to the State Trademark Office according to the registration method decided by you.
After accepting the application, the State Trademark Office will issue a "Trademark Application" to the applicant. Registration Acceptance Notice". If the trademark application fails to be reviewed, the State Trademark Office will issue a "Trademark Rejection Notice" to the trademark registration applicant and inform the detailed reasons for rejection.
If the review is successful, the registered trademark will be officially announced on the China Trademark Online. After the expiration of the 3-month public period without any objection, the State Trademark Office will issue a "Notice of Obtaining a Trademark Registration Certificate".
2. Legal basis:
Article 22 of the "Trademark Law of the People's Republic of China", trademark registration applicant The product category and product name of the trademark should be filled in according to the prescribed product classification table, and a registration application should be submitted.
Trademark registration applicants can apply for multiple Applications for registration of the same trademark for categories of goods.
Trademark registration applications and other relevant documents can be submitted in writing or by data message.
Article 23 If a registered trademark needs to obtain the exclusive right to use the trademark on goods beyond the approved scope of use, a separate application for registration shall be submitted.
Article 24 If a registered trademark needs to change its sign, a new registration application shall be submitted.
Article 25 Applicants for trademark registration Within six months from the date when the trademark was first filed for trademark registration in a foreign country, the trademark was registered in China againIf a trademark registration application is filed for the same goods with the same trademark, the foreign country may enjoy priority in accordance with the agreement signed by the foreign country and China or the international treaty to which both countries are parties, or in accordance with the principle of mutual recognition of priority.
Those who claim priority in accordance with the preceding paragraph shall submit a written statement when filing an application for trademark registration, and submit the first proposed trademark within three months A copy of the registration application document; if a written statement is not made or a copy of the trademark registration application document is not submitted within the time limit, it will be deemed that no priority has been claimed.
Article 26 If a trademark is used for the first time on goods exhibited at an international exhibition sponsored or recognized by the Chinese government, the trademark shall be used from the date the goods are exhibited Within six months from the date of registration, the applicant for registration of the trademark can enjoy priority.
Those who claim priority in accordance with the preceding paragraph shall submit a written statement when applying for trademark registration and submit an exhibition displaying their goods within three months. The name of the association, evidence of the use of the trademark on the exhibited goods, the date of exhibition and other supporting documents; if no written statement is made or supporting documents are not submitted within the time limit, it will be deemed that priority has not been claimed.
Article 27 The matters reported and materials provided for applying for trademark registration shall be true, accurate and complete.
2. What is the difference between personal registered trademarks and corporate registered trademarks
1. The materials provided are different
When Tongcheng individuals register a trademark, they must submit a copy of the individual industrial and commercial household's business license and a copy of their personal ID card.To register a trademark, a Tongcheng enterprise must submit a copy of the enterprise's business license and affix the corresponding official seal of the enterprise.
2. Different application scopes
Tongcheng individuals can only apply for trademark registration as individual business owners. The business scope recorded in the household business license shall prevail. Application for trademark registration cannot exceed the scope of business. Trademarks cannot be registered across industries. There are registration restrictions.
Tongcheng enterprises can apply for trademark registration protection without restrictions. The application for trademark registration does not need to be based on the business scope. Registered trademarks are not subject to restrictions and can be protected across industries.
3. The name of the applicant for trademark registration is different
Tongcheng's individual application can be registered in his "Individual Industrial and Commercial Household Business License" You can file a trademark registration application in the name of the applicant, or you can file a trademark registration application in the name of the person in charge registered on the license.
To register a trademark for Tongcheng Enterprise, the applicant must It is the company name on the "Business License".
4. The ownership of trademark rights is different
If an individual registers a trademark, the trademark rights belong to the individual; if an enterprise registers a trademark, the trademark rights belong to the enterprise.
5. Stability Different
Tongcheng generally registers trademarks in his own name, and their stability is relatively high, and there is generally no trademark change; in the process of the company's business activities, There may be changes in the company name or address, and at this time the corresponding trademark also needs to be changed, and a change application must be submitted to the Trademark Office.
Hope The above content can be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior Network to consult a professional lawyer.
No comments yet. Say something...