It's very common for Changsha Company to register its trademark now. What is the process needed to register a trademark in Changsha now? Xiaobian brought it to you? Trademark registration process? Related knowledge, which may be what you need. What is the principle of prior application for trademark of Changsha Company?
The principle of prior application refers to that two or more applicants apply for registration with the same or similar trademarks on the same commodity or similar commodities, and the Trademark Office accepts the first application for trademark registration and rejects the later application for trademark registration. China's Trademark Law stipulates that two or more applicants apply for registration with the same or similar trademarks on the same commodity or similar commodities, preliminarily examine and announce the trademark that was applied earlier, and reject the trademark that was applied later. If two or more identical or similar trademarks are applied for on the same or similar goods in one day, the State Trademark Office shall notify the applicant to submit a valid certificate of the actual use date of the trademark within 3 days, and preliminarily examine and approve the use of the earlier trademark. If the applied trademark is used or not used on the same day, the Trademark Office shall notify the applicant to negotiate on his own. After negotiation, the negotiation results shall be submitted to the Trademark Office in writing within 3 days. If no agreement can be reached within 3 days, the applicant shall draw lots or make a ruling under the auspices of the Trademark Office. The registered trademark process of Changsha Company
Trademark registration process I. Formal examination
If the application procedures are complete and the application documents are filled in according to the regulations, the Trademark Office will issue a notice of acceptance.
if the application procedures are incomplete or the application documents are not filled in as required, a notice of rejection will be issued and returned, and the application date will not be retained.
if the application procedures are basically complete or the application documents basically meet the requirements, but need to be corrected, the Trademark Office will issue a notice of correction of the application for trademark registration. If the applicant makes corrections within the time limit and returns them to the Trademark Office, the date of application shall be kept; If no correction is made or the correction is made within the time limit, the Trademark Office will issue a notice of rejection and return it, and the application date will not be retained.
trademark registration process ii. substantive examination
a trademark application enters substantive examination after passing formal examination. After substantive examination, the Trademark Office shall preliminarily examine and approve any trademark application that meets the relevant provisions of the Trademark Law and make an announcement.
if the application is rejected, a notice of rejection shall be issued to the applicant.
if the trademark office thinks that the contents of the application for trademark registration can be amended, it will issue a review opinion. If the applicant gives a reply within the time limit, the Trademark Office will continue the examination.
the trademark that has been preliminarily approved after examination shall be announced by the China Trademark Office in the Trademark Announcement.
within three months from the date of announcement, anyone can raise an objection to the trademark preliminarily approved by China Trademark Office.
if there is no objection or the objection is not established after ruling, the Chinese Trademark Office will approve the registration, issue a trademark registration certificate and make an announcement in the Trademark Announcement; If the objection is established by ruling, the registration shall not be approved.
request for reexamination
in the process of trademark registration, if the applicant is not satisfied with the rejection of the trademark registration application by the Trademark Office, he may request reexamination from the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board will make a final decision on whether to approve or not to register, and notify the applicant in writing. If the party concerned refuses to accept the objection ruling of the Trademark Office, he may request a reexamination to the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board will make a final decision and notify the parties in writing. What are the characteristics of the trademark of Changsha Company?
According to the first paragraph of Article 3 of the Trademark Law? A trademark approved and registered by the Trademark Office is a registered trademark; Trademark registrants enjoy the exclusive right to use trademarks and are protected by law. ? According to the regulations, the trademark owner shall enjoy the monopoly right to use the trademark granted by the state law, and the exclusive right to use the trademark has the following legal characteristics:
1. Exclusivity, also known as exclusivity or monopoly, means that the trademark registrant enjoys the exclusive right to use its registered trademark. The basic purpose of giving the owner of a registered trademark exclusive use right is to establish a fixed relationship between a specific trademark and a specific commodity through registration, so as to ensure that consumers can avoid confusion and receive accurate information on the source of the commodity. In other words, all unauthorized use in business will constitute an infringement of the exclusive right to use a trademark. This exclusive right is manifested in three aspects:
(1) The trademark registrant has the right to use his registered trademark on the goods, commodity packages or services and service facilities approved by him in accordance with the relevant provisions of the Trademark Law, and no other person may interfere;
(2) The trademark registrant has the right to prohibit any other person from using the same or similar trademark on the same or similar goods without his permission;
(3) A trademark registrant has the right to license others to use his registered trademark, or to transfer his registered trademark to others. Such license or transfer shall comply with the law and fulfill certain legal procedures.
2. Timeliness refers to the effective period of the exclusive right to use a trademark. Within the term of validity, the exclusive right to use a trademark is protected by law, and it will no longer be protected by law if it is not renewed after the term of validity. The trademark laws of various countries generally stipulate the term of protection of the exclusive right to use a trademark. Some countries stipulate a longer period, while others stipulate a shorter period, ranging from twenty years to seven years, and most of them are ten years. China's trademark law stipulates that the exclusive right to use a trademark is valid for ten years. Article 38 of the Trademark Law stipulates: Where a registered trademark needs to be used continuously after the expiration of its term of validity, it shall apply for renewal of registration within six months before the expiration. If it fails to file an application within this period, a six-month extension period may be granted. If an application has not been filed at the expiration of the exhibition period, its registered trademark shall be cancelled. Each renewal of registration is valid for ten years. After the renewal of registration is approved, it shall be announced. ?
3. Regionality means that the protection of the exclusive right to use a trademark is limited by the geographical scope. The exclusive right to use a registered trademark only enjoys legal protection in the country where the trademark is registered, and the non-registered country has no obligation to protect it. If a trademark registered in China wants to obtain the exclusive right to use a trademark in other countries and be protected by law, it must be registered in these countries respectively, or apply for territorial extension in the member countries of the agreement through international intellectual property treaties such as the Madrid Agreement.
4. Property, the exclusive right to use a trademark is an intangible property right. The whole of the exclusive right to use a trademark is an intellectual achievement, which embodies the painstaking efforts and labor of the obligee. Intellectual achievement is different from tangible material wealth. Although it needs to be represented by a certain carrier, the carrier itself does not have much economic value, and only the intellectual achievement contained in the carrier can reflect great economic value. Like what? Coca cola? Trademark,? Quanjude? Trademarks, etc., the carriers of their trademarks: cola, roast duck, etc. are not things with expensive value, but their trademarks themselves have extremely high economic value. Coca cola? After evaluation, the value of the trademark reached more than $7 billion, and? Quanjude? As a national brand in China, its appraised value in 25 was 1.634 billion yuan. Through the evaluation of trademark value, these trademarks can become part of the enterprise's capital contribution as intangible assets.
5. Category: The Trademark Office of the State Administration for Industry and Commerce examines and approves the categories and commodity (service) project names approved in the Application for Trademark Registration submitted by the trademark registration applicant. The scope of protection of registered trademarks is limited to the approved categories and items. Based on the International Classification of Trademarked Goods and Services provided by the World Intellectual Property Organization, the Classification Table of Similar Goods and Services formulated by the State Trademark Office divides goods and services into 45 categories. Only one trademark owner is allowed to own the same or similar trademarks in the same or similar categories and goods (services) items, and different rights holders are allowed to enjoy the same or similar trademarks in different and similar categories. Such as: A is registered in the 25th category of clothing and other items? Chamonix Trademark, B is still ok? Chamonix Registered as a trademark on the 16th paper products.
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