2. To apply for registration in the name of an individual, provide a copy of 1 personal ID card and a copy of the business license of individual industrial and commercial households, which shall be stamped with the official seal;
3. Provide trademark words or patterns, and if color protection is needed, color patterns are also needed;
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 ninth 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 a power of attorney for trademark agency 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.
What principles should be followed when applying for trademark registration? According to the provisions of the Trademark Law, there are two principles for trademark registration in China:
Principles of voluntary application for registration. Article 4 of the Trademark Law stipulates that enterprises, institutions and individual industrial and commercial households that need to obtain the exclusive right to use a trademark for the goods or services they produce, manufacture, process, select and distribute shall apply to the Trademark Office for trademark registration of goods or services. The need to obtain the exclusive right to use a trademark mentioned here embodies the principle of voluntary registration.
② The principle of compulsory application for registration. Article 5 of the Trademark Law stipulates that goods that must use a registered trademark as stipulated by the state must apply for trademark registration, and those that have not been approved for registration may not be sold in the market. The commodities mentioned here that must use registered trademarks include medicines for human use and tobacco products.
What are the trademark registration procedures? 1. Registration preparation.
Select the registration method
One is to apply for registration in the Trademark Office of the State Administration for Industry and Commerce; The other is to entrust an experienced trademark agency to organize agency services.
Step 2 prepare materials
Prepare 10 trademark patterns (10 color patterns and 1 1 black-and-white ink draft are required for color trademarks with specified colors), with the length and width not exceeding 10 cm and not less than 5 cm. If the direction of the trademark pattern is not clear, the upper and lower parts should be marked with arrows; 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. The business scope is consistent with the registered trademark; If an enterprise applies, it shall present and submit a copy of its business license; An application for trademark registration stamped with the official seal of the unit.
Step 3 start applying
4. Apply according to the classification of goods and services.
At present, goods and services are divided into 45 categories, including 34 categories of goods and services 1 1. When applying for registration, the category of goods or services using trademarks shall be determined according to the classification in the Classification Table of Goods and Services; Where the same applicant uses the same trademark on different categories of goods, it shall apply for registration according to different categories.
5. Determination of application date
This is the most important point: because China adopts the principle of applying first in trademark registration, once you have a trademark dispute with other enterprises, the enterprise with the earlier 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.
Then 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 of 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 the renewal of the trademark registration.
6. Obtain a trademark registration certificate
After a trademark is registered, the Trademark Office issues a certificate to the registrant.
If it is organized by an agent, the agent will send the trademark registration certificate to the registrant; For direct registration, the registrant shall obtain the trademark certificate from the Trademark Office within three months after receiving the Notice of Obtaining the Trademark Registration Certificate. At the same time, he shall also bring with him a letter of introduction for obtaining the trademark registration certificate, the witness's ID card and its photocopy, the original 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 takes about one month, the substantive examination takes about 24 to 30 months, the objection period is three months, and the approval announcement takes about two months to the issuance of the trademark.
The recognition standard of famous trademark The so-called famous trademark refers to a registered trademark that has a high market reputation and commercial value, is well known to the relevant public, and has been recognized according to law. The famous trademark recognition institution is the provincial administrative department for industry and commerce. Appraisal standards are mainly measured and defined from the following aspects:
(a) the trademark must be registered and actually used for at least three years (including three years);
(two) the trademark has a high reputation and is deeply loved by consumers (users);
(3) The goods using the trademark have a large sales volume, a wide sales area and a high market share;
(four) the quality of the goods or services using the trademark is excellent, the complaint rate of consumers (users) is low, and the after-sales service is good;
(five) the main economic indicators (annual sales, sales or operating income, net profit, tax) of the goods or services that use the trademark in the past three years are among the best in the same industry in the province;
(6) The trademark has a wide advertising coverage and a large geographical coverage;
(seven) the trademark owner has a strong sense of trademark, a perfect trademark management organization and management system, and attaches importance to the use, management and protection of trademarks;
(eight) in the past three years, the trademark owner did not infringe upon the exclusive right to use the registered trademark of others when actually using the trademark;
(9) If the goods approved for use by a trademark are export goods, the trademark shall be registered in the relevant countries (regions) and have a wider sales area.
Since the date when a famous trademark is recognized, if others regard the same or similar words as part of the enterprise name, which may cause public misunderstanding, the administrative department for industry and commerce shall not approve the registration of the enterprise name; Where a registered trademark has been registered, the registrant of a famous trademark may, within two years from the date when he knows or should know it, request the industrial and commercial authorities to cancel the name of the enterprise.
That's what Bian Xiao has to offer you? What are the procedures for applying for trademark registration? I hope you like it!
Trademark application