There have been only two ways to register a trademark. One way is to go directly to the office window of the State Trademark Office in Beijing to submit a registration application.
the second is to entrust a trademark agency registered with the State Trademark Office.
However, since September 1st this year, the Interim Provisions on Entrusting Local Industrial and Commercial and Market Supervision Departments to Accept Trademark Registration Applications came into effect. This provision is one of the specific implementation plans of the Opinions of the State Administration for Industry and Commerce on Vigorously Promoting the Reform of Trademark Registration Facilitation. The regulation points out that the industrial and commercial and market supervision departments at or above the county level (mainly provincial capital cities and prefecture-level cities) are entrusted by the Trademark Office of the State Administration for Industry and Commerce to set up a trademark registration application acceptance window in the local government affairs hall or registration hall to handle trademark application acceptance and other services on their behalf. In other words, in the future, the third trademark application channel will be the service window of local industrial and commercial administrations. Applicants are free to choose which way to register their trademarks, but which way to choose is related to the success rate of trademark registration, and we will give suggestions later.
Second, what conditions are needed
There are two kinds of subjects who apply for trademark registration, one is enterprises or institutions, social organizations, etc. When registering a trademark, they need to provide the qualification documents of the subject and affix their official seals, and the other is natural persons, who need to provide their ID cards and individual business licenses when registering a trademark.
you can only register if you meet the above conditions. Simply put, you can't register a trademark without a license.
Third, how long will it take to register a trademark in Hangzhou
From the date of submission, the trademark office will review the trademark registration for 9 months, and if it passes the first trial, it will make an announcement. Within 3 months, if no one raises any objection, it will be approved for registration and a trademark registration certificate will be issued. The whole process lasts about 12 months. If anyone raises an objection during the announcement period, the State Trademark Office will examine whether the objection reason is established within 9 months. Therefore, in the Trademark Office, the longest examination period of a trademark is usually 21 months (except for special circumstances to extend the examination period and appeal to the court).
Of course, the Trademark Office is out of paper, the printer is broken, and so on. This is sheer nonsense, but it must be said that the State Trademark Office has made great improvements in dealing with the time of trademark examination. No country in the world has applied for registration more than one million times a year, which is indeed a considerable number. Perhaps this is why the Trademark Office will expand its channels and open channels for reporting by lower-level administrative agencies.
fourth, how to determine whether the registration can be successful? Not every name can be registered as a trademark, but those who unconditionally guarantee the success of registration can basically be determined to be liars, liars and liars!
Therefore, the inquiry before trademark registration has become the most important part of the success of trademark registration, and it is also a part that can best reflect the professional level of a trademark agency. This part reflects the trademark agent's understanding of laws and regulations, the accumulation of cases, and cultural literacy and professional ethics. Therefore, the inquiry before trademark registration is essential, and the inquiry involves the name of the trademark, so it is particularly important to name the trademark before registration. The name of a trademark and the elements it contains determine the success rate of trademark registration.
The trademarks we are talking about are usually divided into word mark, graphic trademarks and combination trademarks (except voice trademarks and certification trademarks), and different trademark reviews are different. Word mark, for example. Mainly refers to Chinese, Chinese Pinyin or English and their combinations. This kind of trademark is the easiest to query, because it is very intuitive, and you can query and judge directly by entering the name. However, it should be noted that if the trademark contains Chinese and Pinyin, then both of them need to be queried separately. If there are spacing symbols such as dots and bars in the middle of word mark, then the trademark must be queried separately.
in addition, graphic trademarks cannot be accurately queried, and there are combined trademarks of various elements such as graphics and characters, and each element should be queried and judged separately.
The query results, different subclasses in the big category, mutually dissimilar natural segments in the subclasses, group similarity and so on all need comprehensive judgment. Trademark agents will make a comprehensive analysis and judgment according to the Trademark Law, Trademark Examination and Trial Standards and other relevant laws and regulations, combined with the cases rejected by the Trademark Office in the past and the cases in which the court's judgment came into effect. Therefore, ordinary applicants should not be self-righteous in judging the similarity of trademarks. When the applicant chooses a trademark agency, his judgment of trademark similarity can also be used as an important basis for selection reference.
Fifth, how to choose the registration category and commodity items when registering
When registering a trademark, different commodities belong to different categories, including 45 categories, 1-34 categories are products, such as hardware tools, category 8 and fruits and vegetables, category 31. 35-45 categories are services, such as catering and accommodation category 43, legal services category 45 and so on. What products and services the applicant provides, you need to find the corresponding category to register.
It should be noted that there are some cross-category similar commodities, and the applicant must accurately determine the commodity category. For example, if the applicant is making gloves, then there are 7 categories including gloves.
There are acid-resistant gloves in Class 9 safety rescue equipment. Gloves for accident prevention
1 kinds of medical AIDS, equipment and supplies include medical gloves
17 kinds of insulating materials and products include insulating gloves
21 kinds of household appliances include household gloves, gardening gloves, etc. (cross-search with the tenth and previous editions of 248)
24 kinds of textiles include washing gloves (deleted later)
25 kinds of clothing.
There are competitive gloves in the p>28 categories of sports protective equipment.
Then the applicant must make a judgment on the current and future development before applying for registration, and the category of trademark registration must be made clear in advance.
In addition, each trademark can choose ten commodity items at the time of registration (the extra part will be paid to each commodity item in 8 yuan). Applicants should make full use of this choice and select 1 items in different subcategories in the same category, which will protect the use scope of the trademark to the maximum extent, leave room for future development and set obstacles to prevent others from registering the same or similar trademarks.
There are some commodities to choose from in the commodity classification list. What if the goods or services that the applicant wants to register are not listed in the classification list? There are two situations:
first, there are general names or other appellations in the classification, but there is no industry customary appellation you want to register, so you still need to register according to the commodity name that can summarize the nature of this commodity in the classification table. For example, MP3, MP4 and other products do not have such commodity names in the classification table, because this is only the customary appellation for this commodity in China, while in the international classification, this commodity is "data transmission quality".
in the second case, if there is a new commodity or service in the market recently, but there is no such commodity in the classification table, then you can make a description of this commodity and submit the description and the product name together for registration. After examination, the Trademark Office will register and protect it according to this new product name.
Sixth, how to choose a pattern when registering
In practice, we encounter many applicants who request to declare a color pattern when applying for registration. It is not impossible, but we suggest that applicants choose to declare a black-and-white pattern, because the color can be changed by themselves during the use of the trademark in the later period of declaring a black-and-white pattern, but the color combination of the trademark cannot be changed when declaring a color pattern. Of course, in the process of brand operation, once the trademark is determined, the image must be unified and should not be changed at will.
Seventh, how to confirm whether to declare
Many applicants are not sure whether to declare the purchase of the machine immediately after entrusting an agency to declare the trademark. In the past, there have been cases where the agency charged the customer's fees without reporting or even forging a false acceptance notice. So how to confirm whether to declare?
At present, trademark agencies report their applications online. After the customer information is complete, they report on the same day, and the trademark application number can be generated the next day. Therefore, you can ask the agency to give you a trademark application number on the second day after reporting to you to confirm whether the agency has declared your trademark immediately. You can check the application number through the official website of the State Trademark Office.
Eighth, do I have to pay fees after applying for registration?
After applying for trademark registration, the Trademark Office will enter the normal review process. If the trademark is passed in the first instance, you may receive all kinds of phone calls, registered letters, emails, etc. during the trademark announcement. Anyone who asks you to pay fees, no matter how professional or serious, is a liar!
the trademark registration is paid in one lump sum, and there is no need to pay any fees in the middle. After the registration expires for ten years, the trademark needs to be renewed, and the fee is 2, yuan/piece, and the agency fees and fees related to the payment can be entrusted to the agency.
Ninth, how much does it cost to register a trademark?
After reading this, you should know some basic information you need to know before registering a trademark. Then what you care about is how much does it cost to register a trademark? The unified charging standard of the State Trademark Office is 6 yuan per piece, and the charging standards of different agencies are different. Generally, the reasonable charging is between 1,2 and 1,5 yuan. Any professional intellectual property service company should get a reasonable return while providing professional services, otherwise its survival and development will be unsustainable. Both too low and too high fees violate the law of field economic development, and the applicant should consider them carefully.