a trademark is a sign used to identify and distinguish the source of goods or services. Any sign that can distinguish the goods of natural persons, legal persons or other organizations from the goods of others, including words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, and the combination of the above elements, can apply for registration as a trademark.
1. What materials are needed to apply for a registered trademark
According to different applicants, the required materials are different, as follows:
1. To apply for registration under the name of an enterprise, a copy of the business license shall be provided and the official seal shall be affixed to the copy of the business license.
2. To apply for registration in a personal name, one copy of personal ID card and one copy of business license of individual industrial and commercial households shall be provided, and the copy of business license of individual industrial and commercial households shall be stamped with official seal.
3. Provide trademark words or patterns. If color protection is required, color patterns are also required.
4. The items of goods and 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 (Nissl Classification) and the Classification Table of Similar Goods and Services revised by the Trademark Office according to the above international classification table.
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 Power of Attorney for Trademark should be exactly the same as the registered address in the business license.
II. Main contents of trademark right
1. Exclusive right. The exclusive right mainly refers to the right of trademark registrant to use the trademark on its goods and services;
2. License to use. The right to use a trademark means that a trademark registrant has the right to license others to use its registered trademark by signing a trademark license contract;
3. Prohibition. The prohibition right refers to a registered trademark according to law, and its registrant has the right to prohibit others from using or selling its registered trademark.
Legal basis
Trademark Law of the People's Republic of China
Article 22 An applicant for trademark registration shall fill in the category and name of the goods using the trademark according to the prescribed commodity classification table and apply for registration.
an applicant for trademark registration can apply for registration of the same trademark for multiple categories of goods through one application.
the application for trademark registration and other relevant documents may be submitted in writing or in the form of data messages.
article 23 where a registered trademark needs to obtain the exclusive right to use the trademark on goods outside the approved scope of use, a separate application for registration shall be filed.
article 24 where a registered trademark needs to change its logo, it shall file a new application for registration.