The conditions for registering a trademark must be a natural person, legal person or other organization. At the same time, when a foreigner or a foreign enterprise applies for trademark registration in my country, the Trademark Office will follow the agreement or *** agreement signed between the country where it belongs and my country. The international treaties to which it is a party shall be lost, or handled in accordance with the principle of reciprocity.

Legal basis

Article 8 of the "Trademark Law"? Any mark that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters , numbers, three-dimensional logos, color combinations and sounds, etc., as well as combinations of the above elements, can be applied for registration as trademarks. When handling trademark registration, transfer and other applications in the name of a natural person, in addition to submitting the "Trademark Registration Application", trademark drawings and other materials in accordance with relevant regulations, you should also pay attention to the following matters:

1. Individual industrial and commercial households can use The trade name registered in the "Individual Industrial and Commercial Household Business License" shall be used as the name of the applicant to apply for trademark registration, or the trademark registration application may be filed in the name of the person in charge registered on the license. When applying in the name of the person in charge, copies of the following materials should be submitted:

(1) ID card of the person in charge;

(2) Business license.

2. An individual partnership may file a trademark registration application in the name of the applicant with the trade name registered in its "Business License" or in the registration documents of the relevant competent authority, or in the name of all partners*** File an application for trademark registration at the same time. When applying in the name of all partners, copies of the following materials should be submitted:

(1) ID card of the partner;

(2) Business license;

(3) Partnership agreement.

3. Rural contract operators can apply for trademark registration in the name of the person who signed the contract. When applying, they should submit copies of the following materials:

(1) Identity of the person signing the contract Certificate;

(2) Contract.

4. Other natural persons who are legally permitted to engage in business activities may apply for trademark registration in the name of the operator listed in the registration document issued by the relevant administrative authority. Copies of the following materials should be submitted when applying. :

(1) ID card of the operator;

(2) Registration document issued by the relevant administrative authority.

5. The scope of goods and services for which a natural person applies for trademark registration shall be limited to the scope of business approved by the natural person in the business license or relevant registration documents, or to the agricultural and sideline products produced by the natural person.

6. For trademark registration applications that do not comply with the provisions of Article 4 of the Trademark Law, the Trademark Office will not accept the application and notify the applicant in writing. If the applicant provides false materials to obtain trademark registration, the Trademark Office will revoke the registered trademark.

7. When applying for trademark transfer, if the transferee is a natural person, you should refer to the above matters.

Trademark registration application procedure

1. Registration preparation. Select the registration method. One registration method is to apply for registration at the Trademark Office of the State Administration for Industry and Commerce by yourself; the other registration method is to entrust a registration method to Experienced trademark agents organize agency services.

2. Prepare materials

Prepare 5 trademark drawings (for color trademarks of specified colors, 5 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 indicate 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 ( Abolished in May 2016, self-employed individuals will no longer review the scope of business licenses); if it is an enterprise application, a copy of the enterprise's "Business License" must be presented and a copy submitted; a trademark registration application form with the official seal of the unit must be submitted.

3. Start applying

4. Submit an application according to the classification of goods and services

Goods and services are divided into 45 categories, including 34 categories of goods. , 11 categories of service items. 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 application date

This is the most important point: Since China’s trademark registration adopts the first-to-file principle, once you have a dispute over trademark rights with other companies, the application 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 a trademark that has passed the preliminary review by the Trademark Office can be registered only if no one raises objections 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 a year and a half for a newly applied trademark to be successfully issued, of which application acceptance and formal review takes about 3 months, and substantive review takes about 9 months. , the objection period is three months, and it takes about two months from the approval announcement to the issuance of the certificate. (The time will be extended in case of rejection and opposition)

7. Instructions for trademark registration application

Goods produced, manufactured, processed, selected or distributed by natural persons, legal persons or other organizations Or if the services provided require the exclusive right to use a trademark, an application for trademark registration shall be submitted to the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) in accordance with the law. In the narrow sense, trademark registration applications only refer to goods and service trademark registration applications, international trademark registration applications, certification trademark registration applications, collective trademark registration applications, and special sign registration applications. In addition to the content of trademark registration applications in the narrow sense, trademark registration applications in the broad sense also include applications for change, renewal, transfer registration, objection applications, trademark license contract filing applications, and the handling of other trademark registration matters.

Trademark registration principles

Trademark registration needs to follow the following principles:

1. The principle of combining voluntary registration and compulsory registration. Most trademarks in my country adopt the principle of voluntary registration. Producers and operators of goods that require the use of registered trademarks under national laws and administrative regulations (mainly cigarettes, cigars, and packaged cut tobacco) must apply for trademark registration. Without approved registration, the goods shall not be sold in the market.

2. Principle of prominence. The trademark applied for registration should have distinctive features and be easy to identify, and should not conflict with other people's previously acquired legal rights (such as design patent rights, name rights, and copyrights).

3. Principle of trademark legality. The trademark applied for registration shall not use signs prohibited by law. Registered trademarks using place names will continue to be valid. Without authorization, an agent or representative registers the trademark of the principal or represented person in his or her own name. If the principal or represented person raises an objection, the registration shall not be granted and use shall be prohibited. If a trademark contains a geographical indication of a product, but the trademark does not originate from the area indicated by the trademark and misleads the public, it will not be registered and its use will be prohibited; however, if the trademark has been registered in good faith, it will continue to be valid.

4. When reviewing and announcing trademark registration applications, adhere to the principle of first-to-file and first-to-use. If two or more trademark registration applicants apply for registration of the same or similar trademark on the same or similar goods, the trademark that was applied for first will be preliminarily reviewed and announced; if the application is made on the same day, the trademark that was applied for first will be preliminarily reviewed and announced. If you use an earlier trademark, other people’s applications will be rejected and no announcement will be made.

5. The principle of prohibiting preemptive registration of trademarks. When applying for trademark registration, you must not use unfair means to preemptively register a trademark that is already used by others and has certain influence. A trademark that is used and has certain influence.

Reference materials

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