What are the time regulations for companies to register trademarks? How long does it take to register a trademark now? The editor has brought you relevant knowledge about the time regulations for trademark registration, which may be There is what you need. What are the regulations on the process and time for corporate trademark registration?
1. Design? You can entrust our company or design by yourself before applying for trademark registration. When designing a trademark, you should pay attention to the following points: (1) Originality, that is, the design of the trademark must be innovative; on the one hand, it must meet the requirements for distinctiveness, and on the other hand, a creative trademark can easily expand the visibility of the product and quickly occupy the market. (2) The name of the trademark should avoid being associated with the function of the product. (3) The design of the trademark should highlight the theme and be reasonably laid out.
2. Inquiry? Trademark inquiry usually refers to an inquiry about trademark information conducted by a trademark registration applicant before applying to register a trademark, in order to understand whether there are any prior trademark rights that may conflict with the trademark he is applying for. . It takes a long time for a trademark to be applied for and approved for registration. If the trademark registration application is rejected, on the one hand, the trademark registration fee will be lost, and on the other hand, it will take longer to reapply for a registered trademark, and it is still unknown whether the re-application will be approved for registration. Therefore, it is best for applicants to conduct a trademark search to understand the status of prior rights before applying to register a trademark. There are two types of inquiry services: one is internal inquiry service; the other is agency government inquiry service, which takes 7-14 working days.
3. Application? Submit the trademark registration application documents to the Hong Kong Intellectual Property Department.
4. Acceptance? After the Hong Kong Intellectual Property Department receives the trademark registration application materials, it will give an application number and issue an acceptance notice. It will take about one week.
5. Review? Trademark review is divided into two processes: formal review and substantive review. Formal examination means that before examining the application, the Trademark Registry will examine the application form and all attachments in detail to see whether the required parts of the form have been completed, whether the relevant information is correct, and whether the required information is incomplete. If everything is in order, the application process will enter the next stage (substantive examination stage). After the substantive examination is completed to check the deficiencies of the application and confirm that all the information is complete, the Trademark Registry will check the trademark records to determine whether other merchants have registered or applied for registration of the same or similar goods or services. 's trademark. The Trademark Registry will also check whether the trademark concerned complies with the registration requirements stipulated in the Trademark Ordinance. If approved, the application process will enter the next stage (the gazette announcement stage).
6. Announcement? After the Trademark Registry approves the application, it will be announced in the Hong Kong Intellectual Property Gazette for a period of three months. If no one raises any objection, the trademark can be successfully registered.
7. Registration? If there is no objection to the trademark announcement or the objection is ruled untenable, the registration is successful. Under normal circumstances, it takes about 6 months to obtain the registration certificate. After successful registration, it will be valid for 10 years and can be renewed on time six months before expiration. What are the requirements for an enterprise to register a trademark?
(1) The trademark should have distinctive features, be easy to identify, and must not conflict with the legal rights previously obtained by others.
(2) Only the common name, graphics, model number of the product, or only a direct representation of the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the product shall not be registered as a trademark, but If it has acquired distinctive features through use and is easy to identify, it can be registered as a trademark.
(3) Place names of administrative divisions at or above the county level or foreign place names known to the public shall not be used as trademarks. However, exceptions are made where place names have other meanings or are part of collective trademarks or certification marks; registered trademarks using place names will continue to be valid. Conditions that an enterprise applies for registration of a trademark
(1) The trademark applied for registration must have constituent elements;
(2) The trademark applied for registration must be distinctive;
(3) The trademark applied for registration shall not use signs prohibited by law.
(4) The trademark applied for registration shall not be identical or similar to the trademark that has been registered or preliminarily approved by others for the same or similar goods or services.
(5) The trademark applied for registration shall not be identical or similar to a registered trademark that has been revoked or canceled for less than one year. Benefits of corporate trademark registration
1. It makes it easier for consumers to recognize the brand and make purchases.
2. The trademark registrant has the exclusive right to use the trademark and is protected by law.
3. Through trademark registration, you can create a brand and occupy the market first.
4. A trademark is an intangible asset and its value can be evaluated.
5. Trademarks can be transferred, licensed to others, or pledged to realize their value.
6. Trademark is also a necessary condition for quality inspection, health inspection, bar code, etc.
7. Local industrial and commercial bureaus at all levels supervise the quality of goods and services through trademark management. How do companies register trademarks?
1. Choose the registration method
One is to apply for registration at the Trademark Office of the State Administration for Industry and Commerce; the other is to entrust an experienced trademark agency to organize agency services.
Note: If you have no experience in registering trademarks and do not understand the relevant laws and regulations, it is recommended that you entrust an agency to help, which will save you a lot of time and energy. The author has entrusted a similar agency to help me register before, and the entrustment fee ranged from 1,000 yuan to 300 yuan.
Inquiry
Before registering, it is best to find a comparison agency. Authoritative search company, because your trademark may be the same or similar to other registrants, so pre-registration search can greatly reduce the risk of trademark registration and improve the certainty of trademark registration.
Note: Because different people are responsible for trademark search and examination, and they may have different opinions on the examination, the results of the trademark search cannot be regarded as the final legal basis.
2. Prepare materials
Prepare 10 trademark drawings (for color trademarks of specified colors, 10 colored drawings and 1 black and white ink drawing should be submitted), the length and width should not be greater than 10 centimeters, not less than 5 centimeters. If the direction of the trademark pattern is unclear, arrows should be used to mark the upper and lower parts; if an individual applies, he or she must present his or her ID card and submit a copy plus a copy of the individual business license and the business scope must be consistent with the registered trademark; If the application is from an enterprise, a copy of the enterprise's "Business License" must be presented and submitted; a trademark registration application form with the official seal of the unit shall be submitted.
3. Start applying
4. Submit an application according to the classification of goods and services
Currently, goods and services are divided into 45 categories, among which goods 34 categories, 11 categories of services. When applying for registration, 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; if the same applicant uses the same trademark on different categories of goods, he should file registration applications according to different categories.
5. Determination of the filing date
This is the most important point: Since trademark registration in my country adopts the first-to-file principle, once you have a dispute over trademark rights with other companies, the filing date will be determined. Prior companies will be protected by law. Therefore, it is very important to establish the filing date. The filing date shall be the date when the Trademark Office receives the application.
The next step is the three procedures of trademark review, preliminary review announcement, and registration announcement. It should be emphasized that for a trademark that has passed the preliminary review by the Trademark Office, registration can only be completed if an objection is raised by mistake three months after the announcement. The trademark is protected by law. The validity period of a registered trademark is ten years, calculated from the date of approval of registration. If the validity period expires and you need to continue to use it, you can apply for trademark renewal registration.
6. Receive the trademark registration certificate
After the trademark is registered, the Trademark Office issues a certificate to the registrant.
If the agent is organized through an agency, the agent will send the "Trademark Registration Certificate" to the registrant; if the registration is done directly, the registrant should arrive at the registrant within three months after receiving the "Notice of Collecting the Trademark Registration Certificate" When collecting the certificate from the Trademark Office, you should also bring: a letter of introduction for obtaining the trademark registration certificate, the ID card of the person receiving the certificate and its copy, the original copy of the business license and a copy stamped with the seal of the local industrial and commercial department, the notice for obtaining the trademark registration certificate, the trademark If the name of the registrant is changed, a change certificate issued by the industrial and commercial department must be attached.
Note: It usually takes about one to three and a half years from application to issuance of a newly applied trademark, of which application acceptance and formal review takes about one month, and substantive review takes about 24 to 30 months. , the objection period is three months, and it takes about two months from the approval announcement to the issuance of the certificate.
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