What information is needed for trademark registration to apply for trademark registration? An Application for Trademark Registration and other documents shall be submitted to the Trademark Office. The specific requirements are:
1, the applicant must submit an application for trademark registration according to the principle of one trademark for one kind of goods. That is to say, the goods or services reported in an application can only be limited to one category in the International Classification of Goods and Services for Trademark Registration. If a trademark agency organization is entrusted to handle it on its behalf, a copy of the Trademark Agency Power of Attorney shall also be submitted.
2. The Application for Trademark Registration shall be filled in neatly, and the name and address of the applicant shall be accurate.
3. Each application shall be accompanied by a trademark pattern 10 (color-specified) color trademark, with a colored pattern 10 and a black-and-white ink draft 1 piece).
4. If you produce a copy of the business license of the enterprise or provide a copy of the business license signed by the issuing authority and apply for a registered trademark in the name of a natural person, you should provide the corresponding identity documents.
5. The application documents shall be in Chinese, and the foreign language documents shall be accompanied by a Chinese translation.
6. Where a portrait of a person is used as a trademark to apply for registration, the applicant must provide the power of attorney of the portrait owner and be notarized by a notary office.
7. If a foreign applicant claims priority, he shall fill in the country of initial application, the date of initial application and the application number on the application form, and submit the documents of priority to the Trademark Office within 3 months. If the documents are not submitted within the time limit, it shall be deemed that he has not claimed priority.
8. To apply for the registration of a collective trademark or certification trademark, it is also necessary to provide corresponding articles of association and subject qualification certificates.
Trademark registration process 1. Formal review
After formal examination, the application procedures are complete and the application documents are filled out in accordance with the regulations, the Trademark Office will issue a notice of acceptance.
If the application procedures are incomplete or the application documents are not filled in according to the regulations, a notice of rejection will be issued and returned, and the application date will not be retained.
If the application procedures are basically complete or the application documents basically meet the requirements, but need to be corrected, the Trademark Office will issue a notice of correction of the application for trademark registration. If the applicant makes corrections within the time limit and returns them to the Trademark Office, the date of application shall be kept; If no correction is made or the correction is made within the time limit, the Trademark Office will issue a notice of rejection and return it, and the application date will not be retained.
Trademark registration process II. Substantive examination
Trademark applications enter substantive examination after passing formal examination. After substantive examination, the Trademark Office shall preliminarily examine and approve any trademark application that meets the relevant provisions of the Trademark Law and make an announcement.
If the application is rejected, a notice of rejection shall be issued to the applicant.
If the Trademark Office considers that the contents of the application for trademark registration can be amended, it shall issue a review opinion. If the applicant gives a reply within the time limit, the Trademark Office will continue the examination.
A trademark that has been preliminarily examined and approved after examination shall be announced by the China Trademark Office in the Trademark Announcement.
Within three months from the date of announcement, anyone can raise an objection to the trademark preliminarily approved by the China Trademark Office.
If there is no objection or the objection is not established after ruling, the registration shall be approved by the China Trademark Office, a trademark registration certificate shall be issued, and an announcement shall be made in the Trademark Announcement; If the objection is established by ruling, the registration shall not be approved.
Request for review
In the process of trademark registration, if the applicant refuses to accept the rejection of the trademark registration application by the Trademark Office, he may request a reexamination to the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board will make a final decision on whether to approve or not to register, and notify the applicant in writing. If the party concerned refuses to accept the objection ruling of the Trademark Office, he may request a reexamination to the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board will make a final decision and notify the parties in writing.
What should I pay attention to when registering a trademark? If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for the goods or services it produces, manufactures, processes, selects or distributes, it shall file an application for trademark registration with the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) according to law. In a narrow sense, the application for trademark registration only refers to the application for trademark registration of goods and services, international registration of trademarks, registration of certification trademarks, registration of collective trademarks and registration of special signs. The application for trademark registration in a broad sense includes not only the contents of the application for trademark registration in a narrow sense, but also the application for alteration, renewal and transfer of registration, the application for objection, the application for filing the trademark license contract and the handling of other trademark registration matters.
Can enterprise names be registered as trademarks? China allows enterprise names to be registered as trademarks.
According to the spirit of China's trademark law, enterprise names can be registered as trademarks. However, when the applicant uses the name of the enterprise as a trademark, the name of the enterprise must contain a significant part, and the name of the enterprise as a trademark application should be exactly the same as the name registered in the applicant's business license.
In the application for registration, the applicant may not indicate the waiver of exclusive right in the application for non-significant parts. Because these marks of administrative divisions, industries and enterprise organizational forms cannot be exclusively used by a certain operator, they will be regarded as an automatic waiver of the exclusive right in the process of trademark registration review, and there is no need to specifically indicate the waiver.
It should be noted that this kind of trademark registration with the enterprise name is not conducive to the enterprise's future transfer, license and change of the enterprise name.
Trademark registration
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