1. What are the conditions for applying for trademark registration?
1. Application for registration A trademark must have legal elements, that is, it must be words, graphics, or a combination thereof, otherwise it cannot be used as a trademark.
2. The words, graphics or combinations used in the trademark should have distinctive features and be easy to identify. Among them, distinctiveness means that it should have its obvious characteristics.
3. The trademark applied for registration shall not use words or graphics that are prohibited by law.
4. The trademark applied for registration shall not be identical or similar to a registered trademark that has been revoked or canceled for less than one year. However, if you apply for registration of a trademark that is identical or similar to a registered trademark that has been canceled due to cessation of use for three consecutive years on the same or similar goods, you are not subject to this condition.
5. The trademark applied for registration shall not be identical or similar to a trademark that has been registered or preliminarily approved by others for the same or similar goods or services.
2. Trademark registration process
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 One is to entrust an experienced trademark agency to organize agency services.
2. Prepare information
Prepare 10 trademark drawings (color trademarks with specified colors should be submitted 10 colored drawings, 1 black and white ink drawing), 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 submitted Copy plus a copy of the individual business license and operateThe scope is consistent with the registered trademark; if it is an enterprise application, a copy of the enterprise's "Business License" must be presented and a copy submitted; the trademark registration application form must be stamped with the company's official seal.
3. Start applying
4. Submit an application according to the classification of goods and services
Currently, goods and services are 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.5. Determination of the filing date
This is the most important point: since China’s trademark registration adopts The first-to-file principle means that 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.
6. Receive the trademark registration certificate
After the trademark is registered, the Trademark Office issues a certificate to the registrant .
3. How to cancel a branch
1. Cancellation of a branch What conditions need to be met?
A company that meets one of the following conditions can apply for cancellation:
(1 ) The company was declared bankrupt in accordance with the law;
(2) The business period stipulated in the company's articles of association expired or other reasons for dissolution occurred;
(1) Cancellation registration shall be handled at the affiliated industrial and commercial registration authority. If registered in Yuhong District, please go to the industrial and commercial registration window in the lobby of Yuhong District Administrative Approval Service Center. First of all, With a copy of the branch's business license, go to the industrial and commercial registration window for consultation on matters related to deregistration, and obtain the "Application for Cancellation of Branch" and "Certificate of Designated Representative or Jointly Authorized Agent".
(2) Prepare relevant materials for deregistration. Because the branch does not have legal person qualifications, the deregistration materials should be decided and signed by the affiliated company and prepared to issue relevant materials. The original materials should be submitted, and the copies should be submitted. , should be marked "consistent with the original" and stamped with the official seal of the company.
(3) After the materials are prepared, submit them to the industrial and commercial registration authority. After the submitted materials are complete , legal and valid, the cancellation registration will be completed within 2 working days.
(4) No fee will be charged for cancellation registration.
(5) After the branch cancellation registration is approved by the industrial and commercial registration authority, the company should go to the company registration authority with the "Branch Cancellation Registration Approval Notice" to carry out the branch cancellation filing. At the same time, it must also go to The Technical Supervision Bureau cancels the enterprise code certificate.
The above knowledge is the editor’s answer to the question “Conditions for applying for trademark registration and how to cancel a branch”. my country’s Trademark Law explains the conditions for trademark registration. First, trademark registration Applicants need to meet statutory conditions. If readers need to find a lawyer to consult on legal issues, they are welcome to go to the Legal Savior Network for legal consultation.
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