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Trademark registration process and precautions in 2016

Nowadays, there is a certain process to be followed when registering a trademark. What are the precautions for registering a trademark? The editor has brought you relevant knowledge about "registering a trademark". Among them, maybe There's just what you need. What are the regulations on the trademark registration process and time?

1. Design? Before applying for trademark registration, you can entrust our company or design by yourself. 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 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 should I pay attention to when applying for trademark registration?

According to the provisions of Article 4 of the Trademark Law of the People's Republic of China, natural persons engaged in production, manufacturing, processing, selection, distribution of goods or provision of services need to obtain If you have the exclusive right to use a trademark, you must apply for trademark registration with the Trademark Office. 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 made 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. Rural contract operators can apply for trademark registration in the name of the person who signed the contract. Copies of the following materials should be submitted when applying:

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

(2) Contract.

3. 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.

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

5. For trademark registration applications that do not comply with the provisions of Article 4 of the Trademark Law, the Trademark Office will not accept it and notify the applicant in writing.

If the applicant provides false materials to obtain trademark registration, the Trademark Office will revoke the registered trademark.

6. When applying for trademark transfer, if the transferee is a natural person, you should refer to the above matters. What are the ways to obtain the trademark?

The acquisition of trademark rights can be divided into original acquisition and inheritance. obtain. According to Article 3 of my country’s Trademark Law, the original acquisition of trademark rights should be handled in accordance with trademark registration procedures. The exclusive right enjoyed by the trademark registrant over the registered trademark is protected by law. Succession and acquisition shall be handled in accordance with the procedures for contract transfer and inheritance of registered trademarks.

The system established by my country’s Trademark Law for the acquisition of trademark rights is that trademarks adopt the principle of voluntary registration. In reality, some people apply for registered trademarks, and some people do not register the trademarks they use. As a result, two situations arise in accordance with legal provisions. One is a registered trademark, and the other is an unregistered trademark. Both of these trademarks exist legally. Unregistered trademarks cannot be dismissed because they are not registered. Its use is not allowed. How many trademarks can be registered for a product?

It is said that Wahaha has registered many trademarks similar to Wahaha, such as Hahawawa. The same company uses several similar trademarks on the same product. This is called a "joint trademark". The purpose is to apply for several similar trademarks around one main trademark to prevent others from applying and to avoid weakening the main trademark. ?Joint trademarks? are not stipulated in my country's trademark law. In fact, this approach is not very necessary. After ?Wahaha? is registered, if other companies apply for the same type of goods as ?Haha dolls? The Trademark Office will reject the application. ?Joint trademark? If not used, it will also face the fate of being revoked.

We often drink Coca-Cola. Careful people will find that no matter what kind of packaging Coca-Cola is, there are several circled R (registered trademark marks). We use Microsoft's operating system, and we can also see that Microsoft uses several trademarks such as Windows, Microsoft, and the floating window pattern at the same time. Coca-Cola and Microsoft did not register similar trademarks in the form of "joint trademarks", but registered different trademarks.

Using several trademarks on the same product at the same time, with one trademark taking the lead, will allow other trademarks to take advantage of the main trademark to quickly increase their popularity and value. It is of course very economical to spend one brand promotion fee to obtain several well-known trademarks at the same time. If a company owns several well-known trademarks at the same time, the intangible assets will of course be doubled, which is also beneficial to the company's brand operation.

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