1. Where to apply for trademark registration?
Application method: Yes You can go to the Registration Hall of the Trademark Office (Beijing) in person to handle it, or you can entrust a trademark agency to handle it.
Information required for application:
1. A trademark drawing is required;2. The scope of goods or services to be used for the registered trademark;
3. Identity document: A. Company Application: a copy of the company's business license is required; B. Individual application: a copy of the individual industrial and commercial household's business license and personal ID card are required. Application fee: You need to pay an official fee of 1,000 yuan to the Trademark Office. If you entrust an agency to handle the application, you also need to pay an agency fee of about 700 yuan to the agency.
1. First search for the trademark. If there is no identical trademark before or similar, you can prepare application documents and submit the application;
2. About 10-20 days after the application is submitted, the Trademark Office will issue an Notice of application acceptance (this period is called the formal review stage).
3. After the formal review is completed, it will enter the substantive review stage, which will take about one to one and a half years.
4. If the substantive examination is passed, the announcement procedure will be entered (this period is 3 months, also called the objection period);
5. When the announcement period expires, no one raises any objection. You can get the registration certificate.
Legal basis: Article 1 of the Trademark LawArticle 28 For a trademark applied for registration, the Trademark Office shall complete the review within nine months from the date of receipt of the trademark registration application documents. If the trademark is in compliance with the relevant provisions of this Law, a preliminary review and announcement shall be made.
2. What are the conditions for obtaining trademark rights
1. The trademark must be composed of text, graphics, letters, numbers, three-dimensional logos and colors, which must include one or more elements.
2. Trademarks must have distinctive features and can be easily identified.
3. The trademark cannot be similar or identical to other registered trademarks.
4. It cannot be prohibited by the Trademark Law.
5. You should apply for registration with the Trademark Office in accordance with the law. If it is not registered, others cannot use the trademark.
6. The acquisition of trademark rights must also be based on principles. The principle of trademark registration is voluntary and mandatory. There is also the principle of first to apply, that is, whoever applies first, then the trademark rights of this trademark will belong to him.
Trademarks cannot be used casually. If used casually, it will involve infringement. If the infringer has gained benefits from the infringement, or the infringer has suffered damages due to the infringement. For losses, the court will determine the circumstances of the infringement and will award a compensation of less than 500,000 yuan.
The first one is called trademark exclusive rights. This means that the owner of the trademark right applies the registered trademark to the specified goods, and then A right to obtain the benefits of law.
The second is the right to prohibit the trademark. This means that the registrant of the trademark has the right to prohibit others from applying the trademark or using it without authorization. rights to trademarks similar to this trademark.
The third is the right to transfer the trademark, which means that the registrant of the trademark can have the right to transfer the trademark to others according to regulations.
The fourth is the licensing of trademarksUsage rights means that the owner of the trademark right can agree to license others to use the registered trademark according to regulations.
The last one is the right to renew the trademark, which means that when the protection period of the trademark right has expired, the right owner can extend the trademark according to legal procedures. Validity rights.
To sum up, when registering a trademark, the actor needs to classify the goods first, because there are 45 major categories of trademark registration in our country, and each major category Classes have many subcategories. When you are unclear, you can ask relevant people for help. I hope the above content will be helpful to you. If you have other questions, you can click the button below for consultation, or go to the Legal Savior website to consult a professional lawyer.