2. To apply for registration in the name of an individual, provide a personal ID card and a copy of the business license of individual industrial and commercial households 1 copy, and the business license of individual industrial and commercial households shall be stamped with the official seal;
3. Provide trademark words or patterns. If you need color protection, you also need color patterns;
4. The goods/services to be registered can be filled in according to the goods or services operated by the applicant, with reference to the tenth edition of the International Classification of Goods and Services for Trademark Registration (Nice Classification) and the similar classification of goods and services revised by the Trademark Office according to the above international classification;
5. Provide the Power of Attorney for Trademark with official seal or signature, which can be downloaded from this website; In particular, the address in the trademark power of attorney should be exactly the same as the registered address in the business license.
How to apply for registration of certification trademark or collective trademark
I. Brief description
A certification trademark refers to a mark controlled by an organization with the ability to supervise goods or services and used by units or individuals outside the organization to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services. A certification trademark shall be registered by an institution with regulatory capacity and used by others other than it. The registrant cannot use it. It is a sign that a commodity or service itself comes from a certain place of origin or has a certain quality. As long as the goods or services provided by the parties meet this specific quality, and the registrant has fulfilled the prescribed procedures, the certification trademark can be used, and the registrant may not refuse. A certification trademark is a trademark used by many people. Therefore, it is necessary to formulate unified management rules for its registration, use and management, and make them public for the common supervision of all sectors of society, so as to protect the specific quality of goods or services and protect the interests of consumers.
A collective trademark refers to a sign registered in the name of a group, association or other organization for members of the organization to use in business activities to show the membership of users in the organization. A collective trademark is not the trademark of a single enterprise, but the trademark of an organization composed of several enterprises. Collective trademarks can be used for goods and services. Collective trademarks are used by members of the organization, and non-members of the organization may not use or transfer them. In order to adapt to the characteristics of "* * * possession" and "* * * use" of collective trademarks, unified rules should be formulated for their registration, use and management, and announced to the public, and collective members should abide by them under the supervision of the public.
The validity period of certification trademarks and collective trademarks is 10 years, and the exclusive right is calculated from the date of approval and registration.
Second, the way to deal with it.
There are two ways to apply for registration of certification trademarks or collective trademarks:
(1) Entrust a nationally recognized trademark agency to handle it.
(2) The applicant goes directly to the trademark registration hall of the Trademark Office.
Third, the processing steps
(1) Where a trademark agency is entrusted to handle an application for registration of a certification trademark or a collective trademark, the applicant may voluntarily choose a trademark agency recognized by the state to handle it. All agencies registered in the Trademark Office are published in the column of "Agencies".
(2) Where an applicant directly applies for the registration of a certification trademark or a collective trademark in the trademark registration hall of the Trademark Office, he may go through the following procedures:
Inquire before application (optional procedure) → prepare the application documents → submit the application documents in the acceptance window of the trademark registration hall → enter the receipt barcode in the coding window → pay the trademark registration fee in the payment window → the Trademark Office will issue an acceptance notice in about three months → make corrections to the trademark registration application (optional procedure).
4. Pre-application investigation (optional procedure)
It takes at least 2 years for a certification trademark or a collective trademark to apply for registration. If the application is rejected, on the one hand, the trademark registration fee will be lost, on the other hand, it will take time to reapply for registration, and it is still unknown whether the reapplication can be approved for registration. Therefore, it is best for the applicant to make a trademark inquiry before applying for registration in order to confirm whether there is a prior trademark right. Where a trademark agency is entrusted to apply for registration, the trademark agency shall be responsible for the inquiry. (See "Inquiries before trademark registration application" for details. )
Verb (abbreviation of verb) Preparation of application documents
(a) the application documents that need to be submitted to prove the trademark
1. Application for trademark registration with the official seal of the applicant.
2. Documents and photocopies proving the subject qualification of the trademark applicant, or valid photocopies stamped with the applicant's seal, and shall specify in detail the professional technicians and professional testing equipment owned by them or the institutions entrusted by them, so as to show that they have the ability to supervise the quality of the specific goods proved by the certification trademark.
3. Where a geographical indication is used as a trademark registration certificate, the following contents shall be stated in the application:
(1) The specific quality, reputation or other characteristics of the goods marked by the geographical indication;
(two) the relationship between the specific quality, reputation or other characteristics of the commodity and the natural and human factors in the area marked by the geographical indication;
(3) the area marked by geographical indications.
4. Management rules for the use of certification trademarks.
5. Six trademark designs (1 on the back of the application, 5 on the back), with clear patterns, and the length and width of specifications shall not be less than 5 cm and not more than 10 cm. If a color is specified, paste 1 color pattern, cross 5 color patterns, and attach 1 black and white pattern.
6. If you apply for registration directly in the trademark registration hall, you must submit a copy of the agent's ID card and show the original; Where a trademark agency is entrusted to apply for registration, a power of attorney for trademark agency shall be submitted.
7. Where the certification trademark applied for registration is a portrait of a person, a notarized statement that the portrait owner agrees to use the portrait as a trademark registration shall be attached.
(two) the application documents required to apply for a collective trademark.
1. Application for trademark registration with the official seal of the applicant.
2, the qualification certificate of the collective trademark applicant and a copy, or a valid copy of the applicant's seal.
3. Where a geographical indication is used as a collective trademark, the following contents shall be specified in the application:
(1) The specific quality, reputation or other characteristics of the goods marked by the geographical indication;
(two) the relationship between the specific quality, reputation or other characteristics of the commodity and the natural and human factors in the area marked by the geographical indication;
(3) the area marked by geographical indications.
4, collective trademark use management rules.
5. List of collective members.
6. Six trademark designs (1 on the back of the application, 5 on the back), with clear patterns, and the length and width of specifications shall be not less than 5 cm and not more than 10 cm. If a color is specified, paste 1 color pattern, cross 5 color patterns, and attach 1 black and white pattern.
7. If you apply for registration directly in the trademark registration hall, you must submit the agent's ID card and a copy; Where a trademark agency is entrusted to apply for registration, a power of attorney for trademark agency shall be submitted.
8. Where the collective trademark applied for registration is a portrait of a person, a notarized statement that the owner of the portrait agrees to use the portrait as a trademark registration shall be attached.
(3) Specific requirements of relevant documents
1. According to Article 15 of the Regulations for the Implementation of the Trademark Law, the application for trademark registration and other relevant documents shall be typed or printed. The Trademark Office does not accept handwritten applications for certification trademarks and collective trademarks.
2. When filling in the application for trademark registration, the name and seal of the applicant shall be completely consistent with the approved or registered name. Goods or services should be filled in the standard name according to the Classification Table of Similar Goods and Services, and only one kind of goods or services can be filled in an application. If the name of a commodity or service is not included in the List of Similar Commodities and Services, a corresponding explanation shall be attached.
3. If the application for registration is a certification trademark, it shall be indicated in the "trademark type" column of the application for trademark registration; Where the application for registration is a collective trademark, it shall be indicated in the "trademark type" column of the application for trademark registration.
4. The document that proves the applicant's subject qualification can be the business license of the enterprise or the approval document of the registered institution or mass organization. The applicant for the registration of a collective trademark shall be an organization, which may be an industrial and commercial group, association, trade or other collective organization, rather than a single enterprise or individual operator.
5. To apply for the registration of geographical indications as collective trademarks or certification trademarks, a document issued by the competent commercial department at or above the provincial level (including the provincial level) to prove its regulatory capacity and geographical scope of origin shall be attached.
6. The management rules for the use of certification marks shall include the following contents: the purpose, significance or purpose of using certification marks; Prove the specific quality of the goods certified by the trademark; Conditions for using the trademark; The rights and obligations of using the certification trademark and the responsibilities for violating the provisions; The inspection and supervision system of registrants for commodities using certification trademarks.
7. The management rules for the use of collective trademarks shall include the following contents: the purpose of using collective trademarks; The name, address and legal representative of the collective member who uses the collective trademark; The quality of the goods designated for use by the collective trademark; Procedures for using collective trademarks; Violation of the rights, obligations and responsibilities of collective members; The inspection and supervision system of registrants for goods using collective trademarks.
8. All application documents shall be in Chinese. An application for a certification trademark or collective trademark for territorial extension in China shall be submitted in Chinese; Where an application is made for using a language other than Chinese, a Chinese translation shall be attached, and the Chinese translation shall prevail.