Nowadays, there are some requirements for trademark registration. What are the latest requirements for trademark registration? What is the process of registering a trademark? The editor has brought you "Trademark registration?" Relevant knowledge may be what you need. What are the requirements for a registered 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. Information required for trademark registration
1. If applying for registration under a company name, a copy of the business license must be provided, and the official seal must be stamped on the copy of the business license;
2. If you apply for registration of an individual name, you need to provide a copy of your personal ID card and a copy of the individual industrial and commercial household's business license. The copy of the individual industrial and commercial household's business license must be stamped with the official seal;
3. Provide trademark text or If the color of the drawing needs to be protected, a color drawing must also be provided;
4. Provide the goods/services to be registered, which can be based on the goods operated by the applicant or the services provided by the applicant, referring to the "Goods for Trademark Registration" Fill in the ninth edition of the "International Classification of Goods and Services" (Nice Classification) and the "Classification Table of Similar Goods and Services" modified by the Trademark Office based on the above-mentioned international classification table;
5. Provide the "Distinction Table of Similar Goods and Services" with official seal or signature. "Trademark Agency Power of Attorney", which can be obtained from this website; especially note that the address on the "Trademark Agency Power of Attorney" should be exactly the same as the registered address on the business license. Trademark registration process
Trademark registration process 1. Formal review
After formal review, the application procedures are complete and the application documents are filled in as required, the Trademark Office will issue an acceptance notice.
If the application procedures are incomplete or the application documents are not filled in as required, 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 comply with the regulations, but if supplements and corrections are needed, the Trademark Office will issue a notice of supplements and corrections to the trademark registration application. If the applicant makes corrections within the time limit and returns it to the Trademark Office, the application date will be retained; if the applicant fails to make corrections or makes corrections beyond 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 2. Substantive examination
After passing the formal examination, the trademark application enters the substantive examination. After substantive examination, any trademark application that complies with the relevant provisions of the Trademark Law will be initially reviewed and approved by the Trademark Office and announced.
If the application is rejected, a rejection notice will be issued to the applicant.
If the Trademark Office believes that the contents of the trademark registration application can be revised, it will issue an examination opinion. If the applicant responds within the time limit, the Trademark Office will continue the examination.
For trademarks that have been preliminarily approved after review, the China Trademark Office will announce them in the "Trademark Announcement".
Within three months from the date of announcement, anyone can object to a trademark initially approved by the China Trademark Office.
If there is no objection or the objection is ruled not to be established, the China Trademark Office will approve the registration, issue a trademark registration certificate, and announce it in the "Trademark Announcement"; if the objection is ruled to be true, the registration will not be approved.
Request for review
If the applicant is dissatisfied with the Trademark Office’s rejection of the trademark registration application during the trademark registration process, he or she may request a review from the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board will make a final decision on whether to grant registration or not, and notify the applicant in writing. If the party concerned is dissatisfied with the Trademark Office's objection ruling, he or she may request a review from the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board will make a final decision and notify the parties in writing. What do ?R? and ?TM? in the upper right corner of the registered trademark mean?
According to the revised "Implementing Rules of the Trademark Law", there are only three ways to mark a registered trademark, which is to add after the registered trademark: A. ?Registered trademark? Four Chinese characters, B, ?note?, with a circle outside the word note, C, ?R?, with a circle outside the R.
Any other labeling methods are inconsistent with legal requirements. ?Note? is a Chinese character, which is obviously not as popular around the world as using (R), so we recommend that it is best to use (R).
TM is the abbreviation of TRADEMARK. American trademarks are usually marked with TM, which does not necessarily refer to a registered trademark. R is the abbreviation of REGISTER. When used in trademarks, it means registered trademark. my country's Trademark Law Implementation Regulations stipulate that when using a registered trademark, you can indicate "registered trademark" or registered mark on the goods, product packaging, instructions or other attachments. . When using a registered mark, it should be marked on the upper right corner or lower right corner of the trademark. Therefore, TM and R are trademark marks of different countries and have no special relationship. Some domestic companies do not understand the legal provisions and blindly imitate American companies and use the TM mark on their trademarks. How to identify similar trademarks
A similar trademark refers to a similar glyph, pronunciation, and meaning of the trademark words, a similar composition, coloring, and appearance of the trademark graphics, or a similar overall arrangement and appearance of the combination of words and graphics, and a three-dimensional The shape and appearance of the three-dimensional mark of the trademark are similar, and the color or color combination of the color trademark is similar. When used on the same or similar goods or services, it is easy for the relevant public to misunderstand the source of the goods or services.
To determine whether trademarks are identical or similar, we should first determine whether the designated goods or services belong to the same or similar goods or services; secondly, we should determine from the shape, sound, meaning and overall expression of the trademark itself, etc. Based on the general attention of the relevant public as the standard, and adopting the method of overall observation and comparison of the main parts, it is judged whether the trademark mark itself is the same or similar.
Correctly judging similar trademarks and rationally resolving similar trademark disputes in accordance with the law will not only help maintain the exclusive rights of enterprises to register trademarks and protect the legitimate rights and interests of enterprises and consumers, but also help promote the implementation of enterprise trademark and brand strategies. , and promote the sound and rapid development of the national economy.
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