What are the main review procedures for trademark registration applications
If the name and address of the registrant or Applicant are changed at the same time, it can be submitted in the same application form, and only one change fee is required. The Trademark Office’s review of an application to change the name and address of the registrant or applicant is divided into two stages: written review and substantive review:
1. Book-style review
The main content of the written review includes: whether the application documents are complete, whether the written format is correct, whether the filled-in content is complete and standardized, and whether the supporting documents comply with the regulations.
According to the provisions of the "Trademark Law Implementation Regulations", If the name of the trademark registrant is changed, a change certification document issued by the relevant registration authority shall be submitted. The content of the change certification document should be consistent with the content filled in the application form, that is, the name before the change in the change certification document is consistent with the name before change filled in the application form, and the post-change name in the change certification document is consistent with the name of the applicant filled in the application form.
Generally, the original copy of the change certificate should be provided. If the original copy cannot be provided, the original copy can be provided.Provide notarized copies of original documents. When submitting multiple change applications, you can provide only one original, and attach copies to other applications, but the specific application documents where the originals are located should be indicated on the copies, that is, the registration number or application number where the originals are located should be indicated. The supporting documents provided by foreigners or foreign enterprises should be accompanied by Chinese translations and stamped by the translation unit.
Foreign companies need to change their Chinese translation names due to different If the name is in Chinese, fill out the "Application Form for Change of Name/Address of Trademark Applicant/Registrant" without attaching proof of change, but the applicant should submit a written document to confirm the new Chinese translation and explain that the name has not changed, and at the same time The translations of all trademarks under his name should be uniformly changed.
If there are joint trademark change representatives, submit the "Change Trademark applicant/registrant name/address application form", and a statement signed by all co-owners agreeing to change the representative should be submitted.
If the applicant’s name has changed many times, Applications for changing the name of the registrant should be processed one by one in the order in which the applicant actually changes at the registration authority. This can ensure that the actual situation of the trademark owner recorded in the trademark registration book is consistent with the actual situation of the registrant, and is conducive to safeguarding the rights and interests of the right holder. The business license and seal of the applicant who has changed the intermediate steps multiple times can be replaced by the business license and seal he currently uses.
After written review and compliance with regulations, the trademark The Bureau issues an acceptance notice to the applicant.
2. Substantive review
After the change application has passed the written examination and paid the trademark fees as required, it will enter the substantive examination stage. The substantive examination mainly examines the name of the registrant or applicant who filled in the application form before the change and the trademark office file registration Whether the name of the person matches, whether the change application complies with the provisions of the "Regulations for the Implementation of the Trademark Law", whether the trademark or application applied for change is a valid registered trademark or a valid application, whether it has been previously sealed by the judicial authority or has been registered as a pledge, etc.
Change of trademark registrant in accordance with the provisions of the "Trademark Law Implementation Regulations" If the name or address is changed, the trademark registrant shall change all registered trademarks together; if the change is not made simultaneously, the application for change shall be deemed to have been abandoned, and the Trademark Office shall notify the applicant in writing.
For trademark applications that have not yet been approved for registration, the law does not require changes to be made at the same time. However, the law does not require changes in the same or similar trademark applications. If the registration application on the goods is identical or similar to the trademark whose name has been applied for change, you should apply for change together, otherwise the Trademark Office may reject the registration application.
If the application for change of a registered trademark meets the regulations after review, the Trademark Office will issue the corresponding change certificate to the registrant, and An announcement will be made; if the application for change of registration application meets the regulations after review, the Trademark Office will issue an approval notice for the applicant's change application.
The above knowledge is the editor’s answer to the question “What are the main review procedures for trademark registration applications?” According to the provisions of China’s Trademark Law, the Trademark Office will The review of the name and address application of the registrant or applicant is divided into two stages: written review and substantive review. If readers need legal help, they are welcome to go to the Legal Savior Network for legal consultation.
No comments yet. Say something...