1. What is the process of registering a registered trademark in Xi'an?
1. Trademark inquiry.
2. Trademark review.
Trademark examination is divided into formal examination and substantive examination.
①Trademark formal examination usually takes 3-4 months. It is very important to establish the application date. Since China's trademark registration adopts the first-to-file principle, once the application date occurs has become the legal basis for determining trademark rights. The application date for trademark registration is based on the date the Trademark Office receives the application. The Trademark Office will issue an acceptance notice to applications that meet the formal requirements after receiving the trademark application.
②Trademark substantive review, 12 months. Trademark substantive review is an inspection conducted by the trademark registration authority to determine whether the trademark registration application complies with the provisions of the Trademark Law. Information A series of activities such as retrieval, analysis and comparison, investigation and research and decision to give preliminary approval or reject the application.
3. 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 an objection within three months or if the objection raised is found to be untenable, the trademark will be registered and take effect, and a registration certificate will be issued.
Legal basis:Article 22 of the "Trademark Law of the People's Republic of China" An applicant for trademark registration shall Fill in the user report according to the prescribed product classification tableThe subject product category and product name, and submit a registration application.
Trademark registration applicants can apply to register the same trademark for multiple categories of goods through one application.
2. What are the requirements for application?
1. Only individuals or groups meeting the following conditions can file trademark applications in my country:
Applicants for trademark registration must be: enterprises established in accordance with the law. Public institutions. Social groups. Individual business persons. Individual partnerships or foreigners or foreign enterprises from countries that have signed an agreement with China or jointly participated in international treaties with China or handled according to the principle of reciprocity. Meet the above conditions.
2. File an application according to the classification of goods and services:
At present, my country’s trademark law enforces is the International Classification of Commodities, which divides more than 10,000 kinds of goods and services into 42 categories, including 34 categories of goods and 8 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 apply for registration in different categories according to the classification of goods. This can avoid unfair expansion of the scope of application of trademark rights, and is also conducive to the approval of examiners and the protection of exclusive rights to the trademark.
3. Determination of the trademark application date:
Establishing the application date is very important, because our country Trademark registration adopts the first-to-file principle. Once the order of application dates occurs, it becomes the legal basis for determining trademark rights. The application date for trademark registration shall be based on the date when the Trademark Office receives the application documents (the smallest unit of date is 'day').
Based on what has been said above, trademark registration can be filed by an individual, or you can ask a professional organization to handle it. Generally, you need to follow the legal requirements when registering. According to the process, only the parties concerned can apply first and then obtain approval before the trademark can be registered. Therefore, you can consult more during the process to protect your own interests. I hope the above content can be helpful to you. If you have other questions, you can click the button below for consultation.Consult, or go to the Legal Savior website to consult a professional lawyer.