What should you pay attention to when applying for collective trademark registration
Notes on collective trademark registration application:
1. Although the trademark has been designated as a collective trademark when applying for collective trademark registration, it has not been If a qualification certificate or trademark usage management rules are attached, the application will be returned by the Trademark Office and the application date will not be retained.
2. Although the qualification certificate and If the trademark use management rules are not specified as a collective trademark, the trademark will be returned by the Trademark Office and corrected within a time limit. The application date is reserved.
3. Due to incomplete application procedures or application If the document does not meet the requirements, the Trademark Office will return it to the applicant, with a "supplement" seal stamped on the application date, and the correction will be continued, and the application date will be retained. Any trademark registration application that has been rejected by the Trademark Office and stamped with the word "rejected" may not be submitted as an application again.
4. The same trademark of the same applicant, If a general trademark has been registered on the goods and the applicant has applied for collective trademark registration, the applicant hasRegistered general trademarks cannot be transferred and licensed to non-collective members, otherwise they will be rejected in accordance with regulations.
5. Most applicants for collective trademarks lack experience in registration application and management. Before applying for registration, it will be beneficial to the collective if the applicants make advance inquiries, consult or entrust a trademark office to handle their registration applications. Trademark registration application proceeds smoothly.
Substantive examination of collective trademark registration application: span>
The substantive review of collective trademark registration applications is stricter than that of ordinary trademarks. The substantive review of collective trademark registration applications is based on the "Trademark Law". The substantive review of collective trademark registration applications is stricter than that of ordinary trademarks. The substantive review of collective trademark registration applications is based on the "Trademark Law". , easy to identify;
Whether the trademark itself belongs to my country's " Prohibited by Article 8 of the Trademark Law;
Whether the trademark conflicts with prior rights.
At the same time, in accordance with the "Collective Trademark, Certification Trademark Registration and "Administrative Measures" stipulates that the registrant's subject qualifications and the management rules for the use of the trademark shall be reviewed.
Includes the following items:
1. The purpose of using the collective trademark, its purpose and meaning must not violate legal regulations and public order;
2. Whether the user is a member of its collective and covers all its collective members, and whether it is fair and non-discriminatory;
3. Whether there are specific requirements for the quality of goods or services using collective trademarks to avoid damaging consumption interests;
4. Whether its collective Specific conditions for members to use the trademark;
5. Whether the procedures for using the trademark have been fulfilled with its class members;
6. Whether the rights, obligations and responsibilities of collective members are stipulated for violating the rules;
7. The amount of management fees collected must not be shown to be for profit. Whether the management fees are stipulated to be used for the management of its collective trademark;
8. Whether the rights and obligations of the registrant comply with legal provisions.
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