What are the ways to apply for trademark registration? 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.
There are three ways to apply for registration of a commodity trademark or a service trademark:
(1) Entrust a trademark agency recognized by the state to handle it.
(two) the applicant directly to the trademark registration hall of the Trademark Office.
(3) Online application.
Foreigners or foreign enterprises must entrust a trademark agency to handle trademark registration in China, except for foreigners or foreign enterprises who have their habitual residence or business office in China.
What preparations should be made before applying for trademark registration 1, and the inquiry of the right of prior registration of trademarks:
Inquiry refers to the inquiry whether the trademark applied for by the trademark registration applicant or his agent is the same as or similar to the trademark with prior rights before applying for registration. It is worth noting that although trademark inquiry is not a necessary procedure for registered trademarks (following the principle of voluntary inquiry), this work can greatly reduce the risk of trademark registration and improve the certainty of trademark registration. In the process of inquiry, due to the influence of data processing and trademark application review period, some previously applied trademarks cannot enter the database, so it is impossible to query and retrieve this part of information. In addition, the trademark inquiry and examination work is undertaken by different personnel, and the inquiry personnel and different examiners may have different opinions on the examination point of view. Therefore, the result of trademark inquiry cannot be used as a legal basis and has no legal effect. Therefore, it is very important to find a professional trademark inquiry company or a trademark agency organization with perfect trademark inquiry conditions before registering a trademark.
2. Preparation of trademark application materials:
(1) If you apply in the name of a natural person, you need to show your ID card and submit a copy of the business license of individual industrial and commercial households, individual partnerships and other business entities. If you apply for registration with an enterprise as the applicant, you need to show a copy of the business license of the enterprise and provide a copy of the business license signed by the issuing authority. A complete application for trademark registration stamped with the official seal of the unit and personal signature.
(2) Trademark pattern 10 (for colored trademarks with specified colors, coloring pattern 10 and black-and-white ink draft 1 0). The trademark pattern provided must be clear and easy to paste, and be replaced by bright and durable paper or photos, with the length and width not greater than10cm and less than 5cm. Where the direction of the trademark pattern is unclear, the arrow shall be used to indicate the top and bottom. When applying for the trademark of cigarettes and cigars, the design can be as large as the actual use.
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 may 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 is trademark objection? It is a special procedure to take remedial measures for contradictions or conflicts in the process of trademark registration. Any application for trademark registration must go through a three-month objection period after the announcement of preliminary examination and approval before it can be approved for registration. The Trademark Office will not accept objections that exceed the 3-month objection period.
What are the legal bases for trademark examination? The legal basis for trademark examination mainly includes the following points:
1, whether the logo used by the trademark has distinctive features (Article 9 of the Trademark Law, Article 1 1);
2. Conditions for foreign trademark to apply for registration in China (Articles 17 and 18 of the Trademark Law);
3. Whether the mark used by the trademark violates the trademark prohibition clause (Article 10 of the Trademark Law);
4. Whether the mark used by the trademark violates the trademark prohibition clause (Article 1 1 of the Trademark Law);
5. A trademark shall not conflict with the legal rights previously obtained by others (Article 9 of the Trademark Law);
6. Special protection of well-known trademarks (Article 13 of the Trademark Law);
7. Whether to fill in the commodity category and name according to the classification table when applying for trademark registration (Articles 19 and 20 of the Trademark Law);
8. Whether the trademark applied for registration is the same as or similar to the trademark registered or preliminarily approved by others on the same or similar goods (Article 28 of the Trademark Law);
9. The principle of prior application (Article 29 of the Trademark Law);
10, whether the trademark applied for registration is the same as or similar to the registered trademark whose cancellation is less than 1 year (Article 46 of the Trademark Law);
1 1, whether the applicant is qualified to apply for trademark registration or has the conditions prescribed by law (Article 4 of the Trademark Law);
12. Does the applicant submit all kinds of documents and fees according to the regulations (Article 63 of the Trademark Law).
The above is the trademark registration of Guangzhou company provided by Xiaobian. I hope you can like it!