Qingdao registered trademarks are also very common now. What are the general procedures for Qingdao trademark registration? How to register Qingdao trademarks? The editor has brought you relevant knowledge about Qingdao trademark registration. Among them Maybe there's what you need. What is the procedure for Qingdao trademark registration
(1) Registration preparation
Select 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 organizes agency services.
(2) Preparation of materials
Prepare 10 trademark drawings (for color trademarks with specified colors, 10 colored drawings and 1 black and white ink drawing should be submitted), the length and width should not be larger than 10 cm, not less than 5 cm. If the direction of the trademark pattern is unclear, arrows should be used to mark the upper and lower parts; if an individual applies, he or she must present his or her ID card and submit a copy plus a copy of the individual business license and the business scope must be consistent with the registered trademark. ; If the application is from an enterprise, present a copy of the enterprise's "Business License" and submit a copy; a trademark registration application form with the company's official seal.
(3) Apply according to the classification of goods and services
Currently, goods and services are divided into 45 categories, including 34 categories of goods and 11 categories of services. When applying for registration, the category 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 categories of goods, he should file registration applications according to different categories.
(4) Determination of the filing date
This is the most important point: since China’s trademark registration adopts the first-to-file principle, once you have a dispute over trademark rights with other companies, you must apply Enterprises with the earliest date will be protected by law. Therefore, it is very important to establish the filing date. The filing date shall be the date when the Trademark Office receives the application.
The next step is the three procedures of trademark review, preliminary review announcement, and registration announcement. It should be emphasized that a trademark that has passed the preliminary review by the Trademark Office can be registered only if no one raises objections three months after the announcement, and the trademark will be protected by law. The validity period of a registered trademark is ten years, calculated from the date of approval of registration. If the validity period expires and you need to continue to use it, you can apply for trademark renewal registration.
(5) Receive the trademark registration certificate
After the trademark is registered, the Trademark Office issues a certificate to the registrant. If it is through an agency organization, the agent will send the "Trademark Registration Certificate" to the registrant; if the registration is done directly, the registrant should go to the Trademark Office to obtain the certificate within three months after receiving the "Notice of Receiving the Trademark Registration Certificate". At the same time, the registrant should also Bring: a letter of introduction for obtaining the trademark registration certificate, ID card of the person receiving the certificate and its copy, a copy of the original business license and a copy stamped with the seal of the local industrial and commercial department, a notice for receiving the trademark registration certificate, and a copy if the name of the trademark registrant is changed. Change certificate issued by the industrial and commercial department.
It generally takes about one to three and a half years from application to issuance of a newly applied trademark, of which application acceptance and formal review takes about one month, substantive review takes about 24 to 30 months, and objections The period is three months, and it takes about two months from the approval announcement to the issuance of the certificate.
(6) Instructions for trademark registration application
A natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for the goods or services it produces, manufactures, processes, selects or distributes. , a trademark registration application should be submitted to the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) in accordance with the law. In the narrow sense, trademark registration applications only refer to applications for registration of goods and service marks, applications for international trademark registration, applications for certification marks, applications for collective trademark registration, and applications for registration of special signs. In addition to the content of trademark registration applications in the narrow sense, trademark registration applications in the broad sense also include applications for change, renewal, transfer registration, objection applications, trademark license contract filing applications, and the handling of other trademark registration matters. What are the special requirements for registering a Qingdao trademark?
(1) Components of a trademark
The components of a trademark must be distinctive and easy to distinguish. Article 7 of the Trademark Law stipulates that the words, graphics or combinations used in a trademark should have distinctive features and be easy to identify.
(2) Prohibited Clauses
Article 8 of the "Trademark Law" stipulates the following types of words and graphics that are prohibited from being used as trademarks:
1. Words and graphics that are the same as or similar to the country name, national flag, national emblem, military flag, and medals of the People's Republic of China;
2. Identical or similar words to the country name, national flag, national emblem, or military flag of a foreign country Text and graphics;
3. Text and graphics that are the same as or similar to the flags, emblems and names of intergovernmental international organizations;
4. Same as the Red Cross, Red Cross logo, words and graphics with the same or similar names;
5. The common name and graphics of the product;
6. Directly indicating the quality, main raw materials and functions of the product , purpose, weight, quantity and other characteristics;
7. Text and graphics that are ethnically discriminatory;
8. Text that exaggerates propaganda and is deceptive , graphics;
9. Words and graphics that are harmful to socialist morals or have other adverse effects;
10. Place names of administrative divisions at or above the county level or foreign place names known to the public . The above place names shall not be used as trademarks, unless the place names have other meanings. Registered trademarks using place names will continue to be valid.
Special attention should be paid to the following: A trademark applied for registration on the same or similar goods shall not use the same or similar words, graphics or combinations as other people’s registered trademarks or preliminary approved trademarks; a registered trademark is If the trademark is revoked or not renewed upon expiration, trademarks that are identical or similar to the trademark cannot be approved within 1 year from the date of cancellation or cancellation. What to do if Qingdao trademark registration is rejected
According to Article 32 of the Trademark Law, the Trademark Office shall notify the trademark registration applicant in writing for a trademark that rejects the application and refuses to be announced. If the applicant for trademark registration is dissatisfied, he may apply to the Trademark Review and Adjudication Board for review within fifteen days from the date of receipt of the notice. The Trademark Review and Adjudication Board will make a decision and notify the applicant in writing. If the party concerned is dissatisfied with the decision of the Trademark Review and Adjudication Board, it may file a lawsuit with the People's Court within thirty days from the date of receipt of the notice.
There are many reasons why a trademark is rejected, which usually include the following:
1. Due to unfavorable trademark search. Judging from the current trademark registration situation, most trademarks are submitted through agency organizations. If there is an entrusted agency organization, the inquiry work is usually completed by the agency organization. Therefore, most trademark rejections occur due to unfavorable searches by trademark agencies. Therefore, the author has also said that in trademark registration, applicants can only compare prices, but they should also compare more in terms of service quality. Although agency organizations are not omnipotent, good agency organizations have more experience in avoiding rejections. Relatively speaking, they will be conducive to the smooth application of trademarks.
2. Due to the blind search period. The unfavorable agency query mentioned above refers to the query outside the blind search period. The author has mentioned the blind search period in many articles before. Trademarks are reviewed uniformly in Beijing. It is impossible for the Trademark Office to enter all trademarks into the system on the same day, and the data queried are all data from three months ago. If the trademark that the applicant wants to check was applied for a week ago, then this risk is unavoidable and the result cannot be checked. If the application is rejected for such reasons, the responsibility does not lie with the agency, but is usually the responsibility of the applicant.
3. Due to violation of mandatory regulations. Trademarks that violate mandatory regulations include: lack of distinctiveness, exaggerated publicity, adverse effects, and many other reasons. For example: Class 29 spicy trademarks were rejected on the grounds that they were not distinctive. This is also the reason why Class 30 trademarks are popular. Class 33 Cistanches trademark was rejected on the grounds that it was a common name. In category 11, someone once registered "Genghis Khan" on the toilet, but it was revoked because it was considered a trademark with adverse effects.
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