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Handle the trademark registration process
What are the trademark registration processes

1. Preparation for registration

Choose the registration method

One is to apply for registration at the Trademark Office of the State Administration for Industry and Commerce; The other is to entrust an experienced trademark agency to organize agency services.

2. Preparation materials

Prepare 1 pieces of trademark patterns (for colored trademarks with specified colors, 1 pieces of colored patterns should be submitted, and 1 piece of black-and-white ink draft), with the length and width not more than 1 cm and not less than 5 cm. If the direction of trademark patterns is unclear, the arrows should be used to indicate the upper and lower parts; If an individual applies, he/she needs to show his/her ID card and submit a copy, plus a copy of his/her business license, and the business scope is consistent with the registered trademark; If an enterprise applies, a copy of the Business License of the enterprise shall be presented and submitted; An application for trademark registration with the official seal of the unit.

3. Start to apply

4. Apply by category of goods and services

At present, goods and services are divided into 45 categories, including 34 categories of goods and 11 categories of services. When applying for registration, the categories of goods or services that use trademarks shall be determined according to the classification of goods and services classification table; Where the same applicant uses the same trademark on different categories of goods, he shall apply for registration according to different categories.

5. Determination of the date of application

This is the most important point: since the principle of prior application is adopted in China's trademark registration, once you have a trademark dispute with other enterprises, the enterprise with prior application date will be protected by law. Therefore, it is very important to establish the application date, which is based on the date when the Trademark Office receives the application.

there are three procedures: trademark examination, preliminary examination announcement and registration announcement. It should be emphasized that a trademark that has passed the preliminary examination by the Trademark Office cannot be registered until three months after the announcement, and the trademark is protected by law. The period of validity of a registered trademark is ten years, counting from the date of approval of registration. If it is necessary to continue to use the trademark after the expiration of the validity period, it may apply for trademark renewal registration.

6. Obtain a trademark registration certificate

After the trademark registration is completed, the Trademark Office issues a certificate to the registrant.

if it is organized through an agent, the agent sends the Trademark Registration Certificate to the registrant; In case of direct registration, the registrant should go to the Trademark Office to obtain the trademark certificate within three months after receiving the Notice of Obtaining the Trademark Registration Certificate, and at the same time, he should also bring: a letter of introduction to obtain the trademark registration certificate, the ID card and photocopy of the witness, the original copy of the business license and the photocopy stamped by the local industrial and commercial department, the notice of obtaining the trademark registration certificate, and the certificate of change issued by the industrial and commercial department if the name of the trademark registrant changes.

note: it usually takes about one year to three and a half years from the application to the issuance of a new trademark, in which the acceptance and formal examination of the application take about one month, the substantive examination takes about 24 to 3 months, the objection period is three months, and the approval announcement takes about two months to the issuance of the trademark. How to apply for the certificate of trademark priority

1. Brief description

If an applicant applies for the registration of the same trademark in other member countries of the Paris Convention for the Protection of Industrial Property within 6 months after filing an application for trademark registration in China, he shall submit an application for providing the certificate of priority to the Trademark Office.

2. Ways of handling

There are two ways to apply for priority certification documents:

(1) Entrust a nationally recognized trademark agency to handle them;

(2) The applicant shall go directly to the trademark registration hall of the Trademark Office to handle it.

3. Procedures

(1) If a trademark agency is entrusted to handle the matter, the applicant may voluntarily choose any trademark agency recognized by the state to handle it. All trademark agencies registered with the Trademark Office are published on China Trademark Network? Agency? In a column.

(2) if the applicant goes directly to the trademark registration hall of the trademark office, the applicant can go through the following steps: preparing the application documents? Submit an application in the acceptance window of the trademark registration hall? Type the receipt barcode in the coding window? Pay the application fee at the payment window

4. Preparation of application documents

(1) Application documents to be provided

(1) Application for providing priority certification documents;

(2) If you go directly to the trademark registration hall, submit a copy of the applicant's business license and affix the official seal of the unit, and a copy of the ID card of the agent; If it is entrusted to a trademark agency, a power of attorney for trademark agency shall be submitted.

(II) Specific requirements

(1) The application should be typed or printed;

(2) The applicant shall affix his seal to the application for providing the priority certificate.

5. Payment of fees

1 yuan shall be paid for each priority application. Where a trademark agency is entrusted, the applicant shall pay the application fee and agency fee to the trademark agency, and the application fee charged by the Trademark Office shall be deducted from the advance payment of the trademark agency.

6. Obtaining the Certificate of Priority

If the application documents are complete and the application procedures meet the requirements, the Trademark Office will issue the Certificate of Priority to the applicant by mail. If it is entrusted to a trademark agency, the Trademark Office will mail the Certificate of Priority to the trademark agency. Materials required for applying for trademark license

Trademark license refers to the right of a trademark owner to license others to use his registered trademark by signing a trademark license contract. The licensor shall supervise the quality of the goods that the licensee uses its registered trademark, and the licensee must indicate the name of the licensee and the place of origin of the goods on the goods that use the registered trademark. A trademark license contract shall be reported to the Trademark Office for the record. If the trademark license contract is not filed, it will not affect the validity of the license contract, unless otherwise agreed by the parties. If the trademark license contract is not filed with the Trademark Office, it shall not be opposed to a bona fide third party. The types of trademark license mainly include exclusive license, exclusive license and general license.

1. To license a registered trademark to a licensee, an application for filing a trademark license contract shall be submitted.

2. If the applicant is a legal person or other organization, a copy of the business license stamped with the official seal of the applicant shall be submitted.

3. A copy of the trademark license contract or a notarized copy of the trademark license contract.

4. If the contract is written in a foreign language, the corresponding Chinese translation shall be attached.

5. If you go to the trademark registration hall by yourself, you should submit a copy of the ID card of the agent.

6. If a trademark agency is entrusted, a power of attorney for trademark agency shall also be submitted.

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