Is there a time limit for review of trademark registration
The new Trademark Law clarifies for the first time the time limit for trademark registration review, such as the time limit for preliminary review of new trademark registration applications, the time limit for opposition cases, the time limit for review of denial of registration, and the time limit for review of rejection, Legal working time limits such as the review period for invalidation declaration.
What are the regulations on the trademark registration process and time
1. Design - before applying for trademark registration, you can Entrust our company or design by yourself. When designing a trademark, you should pay attention to the following points:
(1) Originality, that is, the design of the trademark must be innovative; on the one hand, it must meet the requirements of distinctiveness, on the other hand Creative trademarks can easily increase the visibility of products and quickly occupy the market.
(2) The name of the trademark should avoid being associated with the function of the product.
(3) The design of the trademark should highlight the theme and be reasonably laid out.
2. Inquiry - Trademark inquiry usually refers to a trademark registration applicant who, before applying for a registered trademark, wants to know whether there are any prior trademarks that may conflict with the registered trademark. Trademark rights, inquiries related to trademark information. It takes a long time for a trademark to be applied for and approved for registration. If the trademark registration application is rejected, on the one hand, the trademark registration fee will be lost; on the other hand, it will take longer to reapply for a registered trademark, and it is still unknown whether the re-application will be approved for registration. Therefore, it is best for applicants to conduct a trademark search to understand the status of prior rights before applying to register a trademark. There are two types of inquiry services: one is internal inquiry service; the other is agency government inquiry service, which takes 7-14 working days.
3. Application - Submit the trademark registration application documents to the Hong Kong Intellectual Property Department.
4. Acceptance - After receiving the trademark registration application materials, the Hong Kong Intellectual Property Department will give an application number and issue an acceptance notice, which takes about one week.
5. Review - Trademark review is divided into two processes: formal review and substantive review. Formal examination means that before reviewing the application, the Trademark Registry will review the application form and all attachments in detail to see whether the required parts of the form have been completed, whether the relevant information is correct, and whether the required information is incomplete. If everything is in order, the application process will enter the next stage (substantive examination stage). After the substantive examination is completed to check the deficiencies of the application and confirm that all information is complete, the Trademark Registry will search the trademark records to determine whether other merchants have registered or applied for registration of the same or similar goods or services. 's trademark. The Trademark Registry will also check whether the trademark concerned complies with the registration requirements stipulated in the Trademark Ordinance. If approved, the application process will enter the next stage (the gazette announcement stage).6. Announcement - After the Trademark Registry approves the application, it will be announced in the Hong Kong Intellectual Property Gazette for a period of three months. If no objection is raised, the trademark will be You can register successfully.
7. Registration - If there is no objection to the trademark announcement or the objection is ruled to be untenable, the registration is successful. Under normal circumstances, it takes about 6 months to obtain the registration certificate. After successful registration, it will be valid for 10 years and can be renewed on time six months before expiration.
What are the conditions for applying for trademark registration
According to the provisions of my country’s Trademark Law, not all trademarks All can be approved for registration, and only those that meet the conditions stipulated in the Trademark Law can be approved for registration. The conditions are as follows:
1. The composition of the trademark applied for registration. 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 registration as a trademark .
2. The trademark applied for registration must be distinctive and easy to identify. The trademark applied for registration should have distinctive features and be easy to identify, and should not conflict with the legal rights previously obtained by others. The distinctive features mentioned in the law mean that the trademark should have obvious characteristics, making it easy for consumers to identify and distinguish it from other goods.
3. The trademark applied for registration shall not use words or graphics prohibited by law. There are many texts and graphics prohibited by law, but those that meet the above conditions 1 and 2 and do not violate social morality or the image of a national citizen can basically be registered.
Specific requirements for trademark registration applications
1. According to Article 15 of the "Regulations on the Implementation of the Trademark Law", trademark registration applications and other relevant documents, It should be typed or printed. The Trademark Office will not accept handwritten trademark applications;
2. The name and address of the trademark registration applicant should be in accordance with the "Business License" 》Fill in, if the address in the "Business License" does not contain the name of the province, city, or county where the enterprise is located, the applicant must add the name of the province, city, or county in front of the address. The applicant's official seal should be the same as the name of the "Business License" The enterprise name registered on the license is exactly the same;
3. Goods or services should be in accordance with the "Goods and Services Classification Table" or "Similar Goods and Services Classification Table" Fill in the standard name. An application can only fill in one category of goods or services. If the product name or service item is not included in the classification table, a description of the product or service item should be attached.
4. If the applicant is a natural person, in addition to filling in the name, the applicant must also fill in the ID number after the name; the applicant's address can fill in the actual address or mailing address of the natural person.
5. If the trademark applied for registration is not a three-dimensional trademark or a color combination trademark, the applicant should check "√" in the box before "General" in the trademark type column.
6. Please check the application form carefully before submitting it. It must not be changed after submission. If you fill in the error, you need to submit the "Application Form for Correction of Trademark Application/Registration Matters" (Form 7) and pay There is a fee of 500 yuan, and the applicant, goods or services, and trademark images cannot be changed.
Legal effect of registered trademarks
Trademarks can be divided into registered trademarks and non-registered trademarks. A registered trademark refers to a trademark that has been approved and registered by the Trademark Office and published in the trademark announcement, and the trademark registrant has exclusive rights. Trademark registration refers to the trademark user Legal activities in which the trademark used is submitted to the trademark management authority for registration in accordance with the law, and upon review and approval by the Trademark Office, it is entered in the trademark registration book, a trademark registration certificate is issued, and announced, granting the registrant the exclusive right to use the trademark.
When using a registered trademark, the words "registered trademark" or the registration mark should be marked. If it is inconvenient to mark it on the goods, it should be marked on the product packaging or instructions and other signs.
China and international communicationThe same as usual legal provisions, the use of registered trademarks is allowed; at the same time, the use of unregistered trademarks without trademark registration is also conditionally allowed. However, the use of registered trademarks has the exclusive nature of legal protection and can only be used by the trademark owner or licensee. Without the permission of the registered trademark owner, anyone can use the same or similar registered trademark for the same or similar goods or services. Similar trademarks are trademark infringements. Unregistered trademarks do not enjoy exclusive rights protected by law. When they are identical or similar to a registered trademark and belong to the same or similar goods or services, the use of the unregistered trademark must be stopped immediately, otherwise you will bear legal liability for trademark infringement. When others use a trademark that is identical or similar to their unregistered trademark on the same or similar goods or services, the law will not hold them accountable because the unregistered trademark does not enjoy exclusive rights.
How to determine the application date for trademark registration
The application date for trademark registration is based on the Trademark Office receiving the application The date of the document shall prevail. If the application procedures are complete and the application documents are filled in in accordance with regulations, the application number will be assigned and a "Notice of Acceptance" will be issued; if the application procedures are incomplete or the application documents are not filled in in accordance with regulations, the application will be returned and the application date will not be retained.
If the application procedures are basically complete or the application documents are basically in compliance with the regulations, but if they need to be supplemented or corrected, the Trademark Office will notify the applicant to make supplements and corrections, and the applicant must make such supplements and corrections within the time limit from the date of receipt of the notification. Make corrections according to the specified content and return it to the Trademark Office within fifteen days. If corrections are made within the time limit and returned to the Trademark Office, the application date will be retained; if no corrections are made or corrections are made beyond the time limit, the application will be returned and the application date will not be retained.
The above is the relevant knowledge explained to you by the editor of Legal Savior Network. For the first time, the new Trademark Law clarifies the time limits for trademark registration review, such as the time limit for preliminary review of new trademark registration applications, time limits for opposition cases, time limits for review of denial of registration, time limit for review of rejection, time limit for review of invalidation, and other legal working time limits. If you have any other questions, you are welcome to seek legal consultation on the Legal Savior Network website.
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