What are the procedures and fees for applying for trademark registration in 2016? Let’s take a look at the following article brought to you by the editor: The procedure and fees for trademark registration in 2016. Maybe you need it. of.
How much does it cost to register a trademark (for reference only)
Registration fees are charged according to category and number, and the fee for each trademark in each category is:
1900 yuan (ten The validity period is 10 years, including ten years of fees. For domestic companies or individuals, the state fee is 1,000, and the agency fee is 900. National fee 1,000, agency fee 2,000)
What are the regulations on the trademark registration process and time?
1. Design? You can entrust our company or design by yourself before applying for trademark registration. The following points should be paid attention to when designing a trademark: (1) Originality, that is, the design of the trademark must be innovative; on the one hand, it must meet the requirements of distinctiveness, and on the other hand, a creative trademark can easily expand the popularity 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 or she 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; 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 reviewing the application, the Trademark Registry will review 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 preparations for applying for a registered trademark?
In addition to relying on a trademark agency, companies should also have a certain awareness of trademark strategy when applying for a registered trademark. Enterprises should prepare in six aspects before applying for trademark registration:
1. Before applying for trademark registration, enterprises should carefully understand the "Trademark Law", "Trademark Law Implementation Regulations" and other matters related to trademarks. Relevant laws and regulations, understand the regulations on trademark registration, trademark protection, etc., and do not infringe on the exclusive rights of others to use trademarks.
2. Understand the trademark application process in advance and have psychological expectations for the trademark approval time. Don’t wait until you use it. As a legal concept, trademark exclusive rights protect the rights of the trademark owner. Establishing trademark exclusive rights requires a certain amount of time to fulfill legal procedures. Therefore, it is not possible to apply for immediate approval immediately, so plan early to avoid problems.
3. Before submitting an application, an enterprise should first go to the China Trademark Online to check whether its trademark is the same as or similar to other people’s trademarks. If you are not sure, it is best not to apply, otherwise the registration will not be approved. , which wastes a lot of time. When conducting trademark inquiries, companies should pay attention to confirm the type of goods and services on which the trademark is registered. For example, commercial gloves commonly used in daily life may fall into the following categories when applying for trademark registration: gloves used as clothing and for keeping warm belong to Category 25, and industrial gloves used to prevent accidents belong to Category 9 , medical gloves belong to category 10, while housework gloves used as household scrubbing utensils belong to category 21, and if they are washing gloves, they belong to category 24.
4. Trademark applications should be based on the principles of good faith and business ethics, and in particular, no malicious preemptive registration is allowed. If you see that someone else's trademark is somewhat famous, you might be lucky and want to free ride on it, but if it is rejected, it will cause considerable losses.
5. A relatively comprehensive application should be made in advance. It is necessary to estimate in advance which categories may require protection and apply for registration in advance. Otherwise, if you want to expand the scope of production and business and re-apply, you will have to wait. long time.
6. If an enterprise wants to export goods, it should not only obtain trademark protection domestically, but also apply for trademark protection in the corresponding countries where it may be exported. Since 1983, my country has joined a series of agreements related to trademarks, including the Paris Convention for the Protection of Industrial Property, the Madrid Agreement on the International Registration of Trademarks, the Nice Agreement on the International Classification of Goods and Services for the Purpose of Trademark Registration, and the Protocol to the Madrid Agreement on the International Registration of Trademarks. International treaties related to protection have opened up convenient ways for Chinese enterprises to obtain trademark protection abroad. Before exporting goods, enterprises should learn to use the channels provided by these international treaties for international trademark registration protection.
How to prevent counterfeit trademarks
Preventing counterfeit trademarks and curbing trademark infringement requires the joint efforts of the whole society. It involves multiple departments, multiple levels, and multiple links. It can be said to be a systematic project. The following aspects of work should be done:
1. Continue to increase the publicity of trademark laws and regulations, gradually enhance citizens’ trademark and brand concepts, and provide an ideological basis for preventing the occurrence of counterfeit trademark crimes.
2. Industry and commerce, quality inspection, and public security law enforcement departments should work closely together to strengthen the coordination mechanism and form a joint force for rectification. In the "anti-counterfeiting" activities, we must not only investigate and deal with the production and sale of fake and shoddy products, but also resolutely investigate and deal with the acts of counterfeiting trademarks.
3. Strengthen the dynamic management of the printing, advertising, and signage industries, especially individual and contracting enterprises in these industries, and completely intercept, crack down on, and ban illegal printing, counterfeiting of registered trademarks, and Trademark activities.
4. Registered trademark owners, especially well-known trademark owners, must strengthen their awareness of self-protection of registered trademarks. The following protection measures can usually be taken:
Pay attention to making sure that your registered trademark can cover similar goods, try to avoid similar trademarks being registered by others, and domestic registered trademarks being registered by others abroad;
When adding branches, joint factories, or establishing joint ventures, when allowing the use or transfer of trademark exclusive rights, or using the trademark exclusive rights to offset capital contributions, the procedures must be complete and legal, and the scope of use by others must be appropriately controlled.
When you discover that your registered trademark has been counterfeited, you can collect evidence on your own and file a lawsuit with the court, requesting that the infringement be stopped and compensated. However, you should also promptly file a complaint with the public security department and use the Criminal Law to protect yourself. legitimate rights and interests shall not be infringed upon.
The above is the "2016 Trademark Registration Process and Fees" provided by the editor. I hope you will like it!
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, Guizhou), Yunnan Province (Dian, Yunnan), Tibet Autonomous Region (Tibet), Shaanxi Province (Shaanxi, Qin), Gansu Province (Gan, Long), Qinghai Province (Qinghai), Ningxia Hui Autonomous Region (Ning), Taiwan Province (Taiwan), Xinjiang Uyghur Autonomous Region (New) Hong Kong Special Administrative Region (Hong Kong), Macao Special Administrative Region (Australia) Overseas: United States, China, Japan, Germany, France, United Kingdom, Brazil, India, Russia, Italy, Canada, Australia Oceania, Spain, South Korea, Mexico , Indonesia, Turkey, Netherlands, Saudi Arabia, Switzerland, Argentina, Sweden, Iran, Belgium, Norway, Poland, Thailand, South Africa, Austria, Colombia, United Arab Emirates, Venezuela, Malaysia, Denmark, Nigeria, Chile, Singapore, Egypt, Hong Kong, China , Israel, Philippines, Finland, Pakistan, Greece, Kazakhstan, Algeria, Peru, Portugal, Ireland, Ukraine trademark registration