1. Registration preparation
1. Choice of registration method: Go to the National Trademark Office to apply for trademark registration yourself (the Trademark Law allows citizens of the country to apply for trademark registration directly to the Trademark Office). You can also entrust a trademark agency organization to apply on your behalf. The other party charges corresponding agency fees.
2. Inquiry of previously registered trademark rights: This refers to the inquiry by trademark applicants or agents on whether the applied trademark is identical or similar to the previously registered trademark before filing an application. Following the principle of voluntary inquiry, this work can greatly reduce the risks of trademark registration and improve the certainty of registration. During the query, due to factors such as data processing and the trademark application review period, some previously applied trademarks cannot be entered into the database, so this part of the information cannot be retrieved. In addition, the search and examination are undertaken by different personnel, and the search personnel and different examiners may have different opinions on the examination. Therefore, the results of the trademark search cannot be regarded as a legal basis and have no legal effect. Therefore, before registration, it is very important to find a professional trademark search company or an agency organization with complete trademark search conditions.
3. Preparation of trademark application materials:
(1) Apply in the name of a natural person, present your ID card and submit a copy of your identity. If an enterprise is the applicant, present a copy of the enterprise's "Business License" and provide a copy of the "Business License" signed and sealed by the issuing authority. A completed trademark registration application form with the official seal of the unit and a personal signature.
(2) 10 trademark drawings (for color trademarks of specified colors, 10 colored drawings and 1 black and white ink drawing should be submitted). The provided drawings must be clear and easy to paste. They must be on smooth and durable paper or replaced by photos. The length and width must be no more than 10 cm and no less than 5 cm. If the direction of the drawing is unclear, use arrows to indicate the top and bottom. When applying for a cigarette or cigar trademark, the image can be as large as the actual one used.
(3) Registration fee: Registration fee: 1,000 yuan. If you entrust an agency to handle it, you need to pay an additional trademark agency fee of about 1,000 yuan.
2. Apply for registration
1. Only individuals or groups that meet the following conditions can file trademark applications in my country:
Applicants for trademark registration must be: legally established enterprises, institutions, social groups, individual businesses, and individuals. Foreigners or foreign enterprises from countries that are partners or have signed an agreement with China, or have participated in international treaties with China, or are subject to the principle of reciprocity. If they meet the above conditions. When they need to obtain the exclusive right to use a trademark, they must submit a request to the Trademark Office on a voluntary basis. Trademark registration application (from November 1, 2001, my country’s Trademark Office began to accept applications for trademark registration by natural persons).
2. File an application according to the classification of goods and services:
Currently, my country’s trademark law implements the International Classification of Goods, which divides more than 10,000 kinds of goods and services into 45 Categories, including 34 categories of goods and 11 categories of services. When applying for trademark registration, the class 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 classes of goods, he should file registration applications in different classes according to the goods classification. This can avoid The unfair expansion of the scope of application of trademark rights is also conducive to the approval of examiners and the protection of trademark exclusive rights.
3. Determination of the trademark application date:
It is very important to establish the application date. , since my country's trademark registration adopts the first-to-file principle, once the application date occurs, it becomes the legal basis for determining trademark rights. The application date for trademark registration shall be based on the date when the Trademark Office receives the application document (the smallest unit of date is 'day' ')
3. Trademark review
Trademark review is the inspection, data retrieval, analysis and comparison, investigation and research carried out by the trademark registration authority to determine whether the trademark registration application complies with the provisions of the trademark law. And decide to give a series of activities such as preliminary approval or rejection of the application.
IV. Preliminary Examination Announcement
Trademark approval refers to the review of the trademark registration application and its compliance with the Trademark Law. stipulates a decision to allow its registration.
And be announced in the "Trademark Announcement". If no one raises any objection to a preliminary approved trademark within three months from the date of publication of the preliminary approval announcement, the trademark will be registered and a registration announcement will be published at the same time.
5. Registration Announcement
Trademark Registration is a trademark legal process. The trademark registration applicant submits an application, and after review by the Trademark Office, a preliminary approval is announced. If no one raises an objection within three months or the objection is ruled to be invalid, the trademark will be registered and effective, protected by law, and the trademark registrant will enjoy the trademark. exclusive rights. It takes about one to one and a half years from application to approval of registration for a trademark. The validity period of a registered trademark is ten years, starting from the date of approval of registration. If the registered trademark expires and you need to continue to use it, you can apply for trademark renewal registration.
6. Receive the trademark registration certificate
Through the agent, the agent will send the "Trademark Registration Certificate" to the trademark registrant.
To apply for trademark registration directly, the trademark registrant should go to the Trademark Office to obtain the certificate within three months after receiving the "Notice of Obtaining the Trademark Registration Certificate". At the same time, he should also bring:
(1) Letter of introduction for receiving the trademark registration certificate;
(2) Identity card and copy of the licensee;
(3) Original copy of business license, the copy should be stamped with the local Seal stamp of the industrial and commercial department;
(4) Notice of receiving the trademark registration certificate;
(5) If the name of the trademark registrant is changed, a change certificate issued by the working department must be attached.
Consult the Trademark Office for more specific fees.
The entire process takes about 20-24 months.
Additional answers
1) There is no annual fee for trademarks (no need to pay every year), only for patents.
There are no other fees during the validity period of the trademark (except for renewal registration).
2) The validity period of a registered trademark is ten years, calculated from the date of approval of registration.
3) If a registered trademark has expired and needs to be continued to be used, it should apply for renewal of registration within six months before expiration; if the application is not submitted during this period, a six-month extension period can be given . If an application has not been made before the extension period expires, the registered trademark will be cancelled.
4) Each renewal of registration is valid for ten years.
After the registration renewal is approved, it will be announced.
5) The fee for renewal registration is 2,000 yuan per time.