What are the procedures for trademark registration
1. Registration preparation
1. Selection of registration method:
One is to go to the National Trademark Office to handle trademark registration matters yourself (China’s Trademark Law allows its citizens to directly apply to the National Industrial and Commercial Administration Apply for trademark registration with the Trademark Office of the Administration). Another way is to entrust an experienced trademark agency organization to provide you with trademark agency services. This will save you a lot of time and energy. Of course, the other party will charge corresponding agency fees.
2. Inquiry on prior registration rights of trademarks ：
Trademark query refers to the trademark registration applicant or Before filing an application for registration, its agent will conduct a search to see whether the trademark applied for 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 efficiency of trademark registration.The certainty of the book. 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, the trademark search and examination work is undertaken by different personnel, and the search personnel and different examiners may have different opinions on the examination. 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.
3. Preparation of trademark application materials: span>
(1) If you apply in the name of a natural person, You need to show your ID card and submit a copy of your identity. 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.
(2) 10 trademark drawings (specified color For a color trademark, 10 colored drawings and 1 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.
2. Apply for registration
1. Only individuals or groups meeting the following conditions can file trademark applications in China:
Applicants for trademark registration must be: enterprises, institutions, social groups, and individuals established in accordance with the law. Industrial and commercial persons, individual partnerships, foreigners or foreign enterprises from countries that have signed an agreement with China or jointly participated in international treaties with China or handled on the principle of reciprocity. If they meet the above conditions and need to obtain the exclusive right to use a trademark, they must, on a voluntary basis, submit an application to the Trademark Office to the Trademark Office. Submit an application for trademark registration (from November 1, 2001, the China Trademark Office began to accept applications for trademark registration by natural persons).2. Submit an application according to the classification of goods and services:
Currently, China’s trademark law implements the International Classification of Commodities, which divides more than 10,000 kinds of goods and services into 45 categories, of which 34 categories are commodities. There are 11 categories of services. When applying for trademark 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 classify the goods in different categories. Submitting a registration application can avoid unfair expansion of the scope of application of trademark rights, and is also conducive to the reviewer's approval and the protection of trademark exclusive rights.
3. Determination of trademark application date:
Establishing the filing date is very important. Since trademark registration in China adopts the first-to-file principle, once the filing date occurs, it becomes the legal basis for determining trademark rights. The date of application shall be the date when the Trademark Office receives the application documents (the smallest unit of date isfor '日')
3. Trademark review
Trademark review is the review of trademark registration applications by the trademark registration authority A series of activities such as inspection, data retrieval, analysis and comparison, investigation and research, and decision to give preliminary approval or reject the application for compliance with the provisions of the Trademark Law.
4. Preliminary Review Announcement
Trademark approval refers to the decision to allow registration of a trademark registration application that complies with the relevant provisions of the Trademark Law after review. And be announced in the "Trademark Announcement". If no one raises any objection to a preliminary approval trademark within three months from the date of publication of the preliminary approval announcement, the trademark will be registered and a registration announcement will be published at the same time.
5. Registration Announcement
Trademark registration is a trademark legal process. The trademark registration applicant submits an application, and after review by the Trademark Office, a preliminary approval is announced. If no one raises an objection or the objection is ruled to be invalid, the trademark will be registered and effective, protected by law, and the trademark registrant shall have the exclusive right to the trademark. It takes about one to one and a half years from application to approval of registration for a trademark. Validity Period of a Registered Trademark A registered trademark is valid for ten years, starting from the date of approval of registration. If the registered trademark expires and you need to continue to use it, you can apply for trademark renewal registration.
6. Receive the trademark registration certificate
The agent will send the "Trademark Registration Certificate" to the trademark registrant through the agent.
If you apply for trademark registration directly, the trademark registrant should After receiving the "Notice of Collecting the Trademark Registration Certificate", go to the Trademark Office to obtain the certificate. At the same time, you should also bring:
(1) Letter of introduction for receiving the trademark registration certificate;
(2) ID card and copy of the recipient;
(3) Original copy of business license, the copy should be stamped with the seal of the local industrial and commercial department;
(4) Notice of receiving the trademark registration certificate;
(5) If the name of the trademark registrant is changed, a change certificate issued by the working department must be attached.
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