Is the review of trademark registration a voluntary application?
No.
Trademark review is the review of applications for registration by the Trademark Office Whether a trademark complies with the provisions of the Trademark Law involves a series of processes such as inspection, retrieval, comparative analysis, investigation and research, etc., to determine whether to give the trademark preliminary approval or reject the application. Trademark examination is carried out by designated examiners appointed by the Trademark Office, in order of application date and by category. Trademark review is divided into two steps: the first step is formal review; the second step is substantive review.
Registration preparation
1. Search for previously registered trademark rights
Inquiry refers to the trademark registration applicant or his agent applying for a trademark before filing an application for registration.Check whether the trademark is identical or similar to the previously owned trademark. It is worth noting that although trademark search is not a required procedure for registering a trademark (following the principle of voluntary search), this work can greatly reduce the risks of trademark registration and improve the certainty of trademark registration. During the query process, due to factors such as data processing and trademark application review periods, some previously applied trademarks cannot be entered into the database, so this part of the information cannot be retrieved.
In addition, trademark search and review work is undertaken by different personnel , and the searchers and different reviewers may have different opinions on the review. Therefore, the results of the trademark search cannot be regarded as a legal basis and have no legal effect. Therefore, before registering a trademark, it is very important to find a professional trademark search company or a trademark agency organization with complete trademark search conditions.
2. Preparation of trademark application materials
(1) If you are applying in the name of a natural person, you need to present your ID card and submit a copy of the business license of individual industrial and commercial households, individual partnerships and other business entities. If you apply for registration with an enterprise as the applicant, you need to present a copy of the enterprise's "Business License" and a copy of the "Business License" signed by the issuing authority. A completed trademark registration application form with the official seal of the unit and a personal signature.
⑵ 1 trademark pattern (color of designated color For trademarks, one colored drawing and one black and white ink drawing should be submitted). The trademark pattern provided must be clear and easy to paste. It must be on smooth and durable paper or replaced by a photo. The length and width must be no more than 10 cm and less than 5 cm. If the direction of the trademark pattern is unclear, arrows should be used to indicate the top and bottom. When applying for a cigarette or cigar trademark, the image can be as large as the actual one used.
The editor reminds everyone that you must fully understand the relevant procedures and required materials for trademark registration. Otherwise, trademark registration itself is a time-consuming matter. If there is a problem in the middle, resubmit it. Application takes time. Everyone is welcome to come to the Legal Savior Network for consultation on legal issues.
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