1. What are the legal provisions for formal trademark registration and patent application
1 Applications for trademark rights, copyrights, and patent rights are submitted to different departments, and the conditions for application are also different. Applications need to be made in accordance with relevant legal provisions.
2. Legal basis: "Trademark Law of the People's Republic of China"
Article 22: Applicants for trademark registration shall fill in the categories and categories of goods using the trademark according to the prescribed commodity classification table. Product name, submit registration application. 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 26: When applying for an invention or utility model patent, a request, description, abstract, claims and other documents shall be submitted . The request shall state the name of the invention or utility model, the name of the inventor, the name and address of the applicant, and other matters. The description shall provide a clear and complete description of the invention or utility model, which shall be subject to the ability of a person skilled in the technical field to realize it; when necessary, there shall be accompanying drawings. The abstract should briefly describe the technical key points of the invention or utility model. The claims should be based on the description and clearly and briefly define the scope of patent protection requested. For inventions and creations that rely on genetic resources, the applicant shall state the direct source and original source of the genetic resource in the patent application document; if the applicant cannot explain the original source, the applicant shall state the reasons.
Article 27: When applying for a design patent, a request, pictures or photos of the design, and a brief description of the design, etc. document. The relevant pictures or photos submitted by the applicant should clearly show the design of the product for which patent protection is sought.
2. Trademark registration application process
1. Natural persons or business units need to submit a trademark application to the State Trademark Administration and obtain a trademark registration certificate before they can enjoy the exclusive rights to a trademark. The trademark applied for registration needs to be reviewed and approved by the Trademark Office. The specific procedures are as follows:
2. Application for trademark registration. Chinese people or Chinese enterprises can apply for trademark registration or handle other trademark matters by themselves, or they can entrust a representative office established in accordance with the law to handle it.
2. Review by the Trademark Office. For multiple applications for trademark registration, the Trademark Office shall complete the review within 9 months from the date of receipt of the trademark registration application documents. During the review process, if the Trademark Office believes that the content of the trademark registration application needs explanation or correction, it may require the applicant to make explanations or corrections. If the applicant fails to make explanations or corrections, it will not affect the Trademark Office’s examination decision. If it complies with relevant legal provisions, the Trademark Office will make a preliminary review announcement; if it does not meet the requirements, the Trademark Office will reject the application;
3. The opposition period after the preliminary announcement is 3 months . If the prior rights holder or interested party has objections to a trademark that has been initially approved and announced by the Trademark Office within 3 months from the date of announcement, they may file an objection with the Trademark Office.
4. Obtain exclusive rights to trademarks. If there is no objection during the announcement period, the registration will be approved, a trademark registration certificate will be issued, and the applicant will obtain the exclusive right to use the trademark; if there is any objection during the announcement period, and if the objection is not established after review, the applicant will be issued a trademark registration certificate and obtain the exclusive right to use the trademark. After review, the applicant will obtain the exclusive right to use the trademark. If established, registration will not be granted and the trademark application will be rejected. In general, when registering a trademark, you first need to search whether the trademark name can be registered. If it cannot be registered, you need to change the name. If it can be registered, it depends on whether it is registered in the name of a company or an individual. You can submit the corresponding information and then process it. To apply for a patent, you first need to conduct a technology patent novelty search. If there is no similar or identical technology that has already been patented, that is enough. Trademark registration in my country is a type of patent in my country. Therefore, we should pay attention to the protection of relevant patents and intellectual property rights in our daily life, and safeguard our own patent rights and interests when necessary.
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