It is also very common to register a trademark in Shanghai, but what are the procedures and fees for trademark registration now? What are the precautions? The editor has brought you? Registered trademark in Shanghai? Relevant knowledge may be what you need. Things to note when applying for trademark registration in Shanghai
(1) Once the trademark application passes the formal examination, it will enter the substantive examination process; if it does not meet the formal examination, the Trademark Office will send a correction notice to the agent or applicant or it will be accepted. Notice, the application date and application number will be basically accepted and the application date and number will be retained. After passing the supplements and corrections, the substantive review process will begin.
(2) After the trademark application passes the substantive examination, it will enter the preliminary examination and announcement process; if it fails to pass the substantive examination, the Trademark Office will reject the trademark application or require amendment. After the amendment is passed, it will enter the preliminary examination and announcement.
(3) Within three months from the date of preliminary examination and announcement of the trademark, if no one raises an objection or the objection is ruled to be untenable, the trademark will enter the approval registration announcement process and certification process; if the objection is ruled to be established, the trademark will be The Trademark Office will reject the trademark application. How much does it cost to register a trademark in Shanghai (for reference only)
Registration fees are charged according to category and number, and the fee for each trademark in each category is:
RMB 1,900 (valid for ten years, including ten years Fees for domestic companies or individuals, including 1,000 state fees and 900 agency fees)
3,000 yuan (valid for ten years, including ten years of fees, for foreign companies or individuals, including 1,000 state fees and 900 agency fees) Fee 2000) How to register a trademark in Shanghai?
1. 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 organization agency services.
Note: If you have no experience in registering trademarks and do not understand the relevant laws and regulations, it is recommended that you entrust an agency to help, which will save you a lot of time and energy. The author has entrusted a similar agency to help me register before, and the entrustment fee ranged from 1,000 yuan to 300 yuan.
Inquiry
Before registering, it is best to find a comparison agency. Authoritative search company, because your trademark may be the same or similar to other registrants, so pre-registration search can greatly reduce the risk of trademark registration and improve the certainty of trademark registration.
Note: Because different people are responsible for trademark search and examination, and they may have different opinions on the examination, the results of the trademark search cannot be regarded as the final legal basis.
2. Prepare materials
Prepare 10 trademark drawings (for color trademarks of specified colors, 10 colored drawings and 1 black and white ink drawing should be submitted), the length and width should not be greater than 10 cm, not less than 5 cm. If the direction of the trademark pattern is unclear, arrows should be used to indicate 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, a copy of the enterprise's "Business License" must be presented and submitted; a trademark registration application form with the official seal of the unit shall be submitted.
3. Start applying
4. Submit an application according to the classification of goods and services
Currently, goods and services are divided into 45 categories, among which goods 34 categories, 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 a registration application according to different categories.
5. Determination of the filing date
This is the most important point: Since trademark registration in my country adopts the first-to-file principle, once you have a dispute over trademark rights with other companies, the filing date will be determined. Prior companies 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 for a trademark that has passed the preliminary review by the Trademark Office, registration can only be completed if an objection is raised by mistake three months after the announcement. The trademark is 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.
6. Receive the trademark registration certificate
After the trademark is registered, the Trademark Office issues a certificate to the registrant.
If the agent is organized through an agency, the agent will send the "Trademark Registration Certificate" to the registrant; if the registration is done directly, the registrant should arrive at the registrant within three months after receiving the "Notice of Collecting the Trademark Registration Certificate" When collecting the certificate from the Trademark Office, you should also bring: a letter of introduction for obtaining the trademark registration certificate, the ID card of the person receiving the certificate and its copy, the original copy of the business license and a copy stamped with the seal of the local industrial and commercial department, the notice for obtaining the trademark registration certificate, the trademark If the name of the registrant is changed, a change certificate issued by the industrial and commercial department must be attached.
Note: It usually 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, and substantive review takes about 24 to 30 months. , the objection period is three months, and it takes about two months from the approval announcement to the issuance of the certificate. Will a registered trademark in Shanghai be revoked if it is not used for a long time?
Because trademark resources are limited, there is a time limit for use. If a trademark requires continued use, it can be renewed every ten years without time limit. However, many trademarks will be abandoned by the trademark holder, so they do not need to renew, and the trademark can be registered and used by others again.
The "Trademark Law" stipulates that if the trademark is not used for three consecutive years, it can be revoked for the same reason. If a registered trademark has not been used for three consecutive years, there are two penalties. It is not inevitable that it will be revoked, and the Trademark Office can also order correction within a time limit. The concept of trademark use is very broad, and it does not only refer to use on registered goods or services. There is some work that can be done here.
When it comes to professional trademark investment, most companies and individuals register a large number of trademarks and sell them directly to other companies and individuals, because of the limitations of trademark resources (fewer good trademarks) and trademark registration. The time is too long, so there is room for investment. However, the restriction that the trademark may be revoked if it is not used for three years does bring great restrictions. For specialized trademark investors, other uses can easily be deemed to be invalid uses, and it will be more difficult to establish the fact of use.
Therefore, the best way for professional trademark investors is to quickly transfer the registered trademark within three years, because if it is used, it will also affect the value of the registered trademark itself. After three consecutive years, the registered trademark will be transferred. Use will put the ownership of the registered trademark in an unstable state, and buyers will not buy it.
Processing the registration of registered trademarks