1. What should be paid attention to when registering a trademark?
1. The Applicant. Applicants for trademark registration must be legally established enterprises, institutions, etc.;
2. Application principles. Trademark registration in my country adopts the first-to-file principle. Preemptive registration by others should be prevented in time;
3. Application requirements. 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.
4. Legal basis:
Article 9 of the Trademark Law of the People's Republic of China, The trademark applied for registration should have distinctive features and be easy to identify, and should not conflict with the legal rights previously obtained by others.
The trademark registrant has the right to indicate "registered trademark" or registered mark.
Article 22 of the "Trademark Law of the People's Republic of China" stipulates that applicants for trademark registration shall fill in the product category and product name of the trademark in accordance with the prescribed product classification table. , submit a registration application.
Trademark registration applicants can apply to register the same trademark for multiple categories of goods through one application.
Trademark registration applications and other relevant documents can be submitted in writing or by data message.
2. Who will handle the trademark registration review
Examined by the Trademark Office of the State Administration for Industry and Commerce. Preliminary examination and acceptance:
(1) The Trademark Office receives the application submitted by the applicant After submitting the application and materials, a preliminary review (formal review) will be conducted in accordance with legal provisions to review whether the applicant's application is valid and qualified to accept the application, and then decide whether to accept the application.
(2) Substantive examination: Substantial examination is the process by which the trademark administration authority determines whether the trademark applied for registration has Review of registration conditions. The content of the review includes the following aspects:
1. Whether the trademark is distinctive.
2. Whether the trademarks are identical or similar.
3. Whether the trademark violates the prohibition clause.
4. Whether there are other prior applicants for the trademark.
If two or more applicants apply for registration of the same or similar trademark on the same or similar goods on the same day, and All the application materials comply with the relevant regulations, and the Trademark Office will notify each applicant or its agency to submit a supplementary notice of use certificate. The applicant should provide proof of trademark use within 30 days, and the one with the earliest use shall be deemed as the first to apply. 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 Network to consult a professional lawyer.