How should a company register its trademark in Suzhou Industrial Park? How to do the latest registered company trademark? Xiaobian brought it to you? Company trademark registration process? Related knowledge, which may be what you need. What information do you need for trademark registration in Suzhou Industrial Park?
To apply for trademark registration, you should submit an Application for Trademark Registration and other documents to the Trademark Office. The specific requirements are as follows:
1. The applicant must submit an Application for Trademark Registration according to the principle of one trademark for one kind of goods. That is to say, the goods or services reported in an application can only be limited to one category in the International Classification of Goods and Services for Trademark Registration. If a trademark agency organization is entrusted to handle it on its behalf, a copy of the Trademark Agency Power of Attorney shall also be submitted.
2. The Application for Trademark Registration should be filled in neatly, and the name and address of the applicant should be accurate.
3. Each application shall be accompanied by 1 colored trademarks with trademark patterns (specified colors), 1 colored patterns and 1 black-and-white ink manuscript).
4. if you produce a copy of the business license of the enterprise or provide a copy of the business license signed by the issuing authority and apply for a registered trademark in the name of a natural person, you should provide the corresponding identity documents.
5. The application documents shall be in Chinese, and the foreign language documents shall be accompanied by a Chinese translation.
6. If a portrait of a person is used as a trademark to apply for registration, the applicant must provide the power of attorney of the portrait owner and be notarized by a notary office.
7. If a foreign applicant claims priority, he/she must fill in the country of initial application, the date of initial application and the application number in the application form, and submit the certificate of priority to the Trademark Office within three months. If the certificate is not submitted within the time limit, it will be deemed that he/she has not claimed priority.
8. To apply for the registration of a collective trademark or a certification trademark, it is also necessary to provide corresponding articles of association and subject qualification certificates. How to register a trademark in Suzhou Industrial Park?
1. Choose 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.
Note: If you have no experience in registering trademarks and you don't understand relevant laws and regulations, you are advised to entrust an agency to help, which will save you a lot of time and energy. I have entrusted a similar organization to help me register before, and the commission fee ranges from 1 yuan to 3 yuan.
Inquiry
Before registering, you'd better find an authoritative inquiry company, because your trademark may be the same as or similar to other registrants, so the inquiry before registration can greatly reduce the risk of trademark registration and improve the certainty of trademark registration.
note: because different people are responsible for trademark inquiry and examination, they may have different opinions on the examination point of view, so the result of trademark inquiry cannot be regarded as the final legal basis.
2. Preparation materials
Prepare 1 pieces of trademark patterns (for colored trademarks with specified colors, 1 pieces of colored patterns should be submitted, and 1 piece of black-and-white ink draft), with the length and width not more than 1 cm and not less than 5 cm. If the direction of trademark patterns is unclear, the arrows should be used to indicate the upper and lower parts; 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, and the business scope is consistent with the registered trademark; If an enterprise applies, a copy of the Business License of the enterprise shall be presented and submitted; An application for trademark registration with the official seal of the unit.
3. Start to apply
4. Apply by category of goods and services
At present, goods and services are divided into 45 categories, including 34 categories of goods and 11 categories of services. When applying for registration, the categories of goods or services that use trademarks shall be determined according to the classification of goods and services classification table; Where the same applicant uses the same trademark on different categories of goods, he shall apply for registration according to different categories.
5. Determination of the date of application
This is the most important point: since the principle of prior application is adopted in trademark registration in China, once you have a trademark dispute with other enterprises, the enterprise with prior 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.
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 by the Trademark Office can only be registered after three months of publication of 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 trademark renewal registration.
6. Obtain a trademark registration certificate
After the trademark registration is completed, the Trademark Office issues a certificate to the registrant.
if it is organized through an agent, the agent sends the Trademark Registration Certificate to the registrant; In case of direct registration, the registrant should go to the Trademark Office to obtain the trademark certificate within three months after receiving the Notice of Obtaining the Trademark Registration Certificate, and at the same time, he should also bring: a letter of introduction to obtain the trademark registration certificate, the ID card and photocopy of the witness, the original copy of the 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 take about one month, the substantive examination takes about 24 to 3 months, the objection period is three months, and the approval announcement takes about two months to the issuance of the trademark. Will the registered trademark of Suzhou Industrial Park be revoked if it is not used for a long time?
Because the resources of the trademark are limited, the use is limited. If a trademark needs to be used continuously, it can be renewed once every ten years, and there is no time limit. However, many trademarks will be abandoned by trademark holders, so they can not renew them, and this trademark can be registered and used by others again.
The Trademark Law stipulates that if it is not used for three consecutive years, it can be revoked. If a registered trademark is not used for three consecutive years, there are two kinds of penalties. If it is not inevitable, it will be revoked, and the Trademark Office can also order it to make corrections within a time limit. The concept of trademark use is very broad, not only for registered goods or services, but also for some work.
To make professional investment in trademarks, most companies and individuals register a large number of trademarks and sell them directly to other companies and individuals. Because of the limitation of trademark resources (fewer good trademarks) and the long time for trademark registration, there is room for investment. However, the restriction that three years of non-use may be revoked does bring great restrictions. For specialized trademark investors, other use behaviors can easily be recognized as invalid use, and it will be more difficult to create the fact of use.
Therefore, the best way for specialized trademark investors is to transfer the registered trademark quickly within three years, because if it is used, it will also affect the value of the registered trademark itself. After three consecutive years of non-use, the ownership of the registered trademark will be in an unstable state, and buyers will not buy it. What are the conditions for registering a trademark in Suzhou Industrial Park?
(I) the distinctiveness of a trademark
The distinctiveness of a trademark lies in whether the trademark is new or not and whether it has its own personality. Individualized and newly-created trademarks are undoubtedly distinctive. Trademarks should have distinctive features, so as to facilitate the distinction. We should make a comprehensive investigation from the aspects of the characters, graphics and other constituent elements of the trademarks themselves. Too simple graphics, lines, or too complicated patterns, ordinary numbers, common daily life terms or advertising language, common names of commodities, packaging, decoration, containers, etc. of commodities are generally considered to have no obvious characteristics. For example, an application for registration on cosmetics and other commodities with an arc as a symbol is not approved for lack of distinctiveness and is not easy to be recognized by consumers; Another example is based on pine and cypress, flowers and plants, the sun, cranes, running water and rocks. Songhe welcomes the spring? The combination trademark for the name is required to be registered on a commodity, but it is also not approved for registration. What is the reason? Songhe welcomes the spring? It is an auspicious term commonly used by the people, and it is often used in daily necessities. As a decorative pattern, it is also often used in daily necessities. This trademark has no obvious characteristics in terms of words and graphics, and it does not have the recognition function.
trademarks are required to have distinctive features, with the purpose of enabling consumers to identify the source of goods through trademarks. Some trademarks, even though their constituent elements lack distinctive features, can also be registered because of their long-term use, and should be protected. For example, some simple figures such as triangles and semicircles should be associated with a specific commodity and used repeatedly to make them have the identification function, which should also be protected. Another example, used in sportswear and sports shoes? NIKE? A trademark, with a stroke of a pen, is hardly recognizable in terms of its constituent elements, but it is this simple stroke that has the strongest recognition function. Therefore, the distinctive features of a trademark should be judged and identified from the perspective of whether the trademark has been actually used or whether it has formed a specific connection with a certain commodity.
(II) Trademarks shall not be confused with other people's trademarks
Confusion means that a trademark is the same as or similar to another person's trademark. Generally speaking, the original trademarks mentioned above will not be confused with other people's trademarks, while suggestive trademarks, descriptive trademarks, especially borrowed trademarks will often be confused with other people's trademarks. If the trademark applied for registration is confused with other people's registered trademarks, it will not be allowed to register, but it will constitute infringement to use the same or similar trademarks on the same or similar goods.
Trademark identity means that the characters and graphics of trademarks used in the same commodity or similar commodities are exactly the same or the pronunciation of trademark names is exactly the same. It is difficult for consumers with the same trademark to distinguish the goods or services of different operators.
Trademark approximation means that the words, figures or names of trademarks used in the same commodity or similar commodities are basically the same pronunciation. Although there are differences, the differences are not obvious enough to make consumers mistake for buying by mistake. For example, someone will? What's your last name? The application for designation on the 3th ice cream and popsicle is the same as that registered by Hangzhou Wahaha Group for designation on the 3th ice products. Wahaha? Trademark approximation. ? What's your last name? With? Wahaha? Although the two trademarks have different words and pronunciations, their glyphs are very similar. ? What's your last name? Just will? Wahaha? Make a slight change in every word, deliberately? What's your last name? With? Wahaha? Close together, take advantage of consumers' trust in Wahaha trademark, make consumers misunderstand and lead to wrong purchase. Trademark approximation is mainly manifested as? Shape? (appearance),? Sound? (pronunciation),? Meaning? (Meaning) Approximate three situations, by comparing two trademarks, if they? Shape? 、? Sound? 、? Meaning? Approximate, which easily confuses consumers, is an approximate trademark.
No matter whether the trademarks are identical or similar, they must be identical or similar on the same commodity or similar commodities. Therefore, besides judging whether the trademarks are identical or similar, it is also necessary to judge whether the commodities they use are the same or similar commodities. If the commodities used are not the same or similar, even if the two trademarks are identical or similar, it will not affect their distinctiveness and identifiability. The so-called same commodity refers to commodities with similar performance, use, production technology and main raw materials.
it is not difficult to judge whether it is the same commodity, but it is more complicated to judge whether it is a similar commodity. Because in addition to considering the consistency of the manufacturing department, raw materials, quality, use and even the sales department, it is also necessary to examine from the consumer psychology. And it is also possible to master different scales for different trademarks. For a trademark that has a certain popularity among consumers, as long as it may lead to consumers' misunderstanding of the source of the goods, then the goods that are not similar from the perspective of commodity science will be judged as similar goods. For example, a company registered with Carlsberg Co., Ltd. on the 32nd class beer? Carlsberg? The exact same logo is applied for registration on the 3 th category of cakes and oatmeal. The application was rejected because it was judged to be the same trademark on similar goods, which shows that similar goods are relative.
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