1. Brief explanation

If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services during production and business operations, it shall apply for trademark registration with the Trademark Office. The International Classification of Goods and Services for trademark registration has 45 categories, including 34 categories of goods and 11 categories of services. A trademark designated for use on goods is a product trademark, and a trademark designated for use on services is a service trademark.

What are the conditions and information required for trademark registration?

2. Processing Channels

There are two channels for applying for registration of product trademarks or service marks:

(1) Entrust a trademark agency registered with the Trademark Office to handle the application .

(2) The applicant goes directly to the Trademark Registration Hall of the Trademark Office to apply.

3. Procedures

(1) If the applicant entrusts a trademark agency to apply, You can voluntarily choose any trademark agency registered with the Trademark Office to handle the matter. All trademark agencies registered with the Trademark Office are published in the agency column.

(2) If the applicant goes directly to the trademark registration hall of the Trademark Office, the applicant can follow the following steps:

Inquiry before applying for trademark registration (not a required procedure) and prepare the application Submit the application documents at the acceptance window of the trademark registration hall. Confirm the application documents at the coding window. Pay the trademark registration fee at the payment window and receive the fee receipt.

After receiving the receipt, the applicant submits the trademark registration application. It's done. The Trademark Office will issue various documents to the applicant. For the trademark registration review procedure, please refer to the "Trademark Registration Flow Chart". After receiving the "Notice of Collecting the Trademark Registration Certificate", the applicant should go to the Trademark Registration Hall to collect the "Trademark Registration Certificate".

4. Inquiries before application (optional procedure)

If the trademark registration application is rejected, the applicant will lose the trademark registration fee on the one hand, and will need to re-apply for registered trademark on the other hand. time, and it is still unknown whether the re-application will be approved for registration. Therefore, before applying for a registered trademark, it is best for applicants to conduct a trademark search to understand the status of prior rights, and then make a judgment based on the search results before submitting the application.

5. Preparation of trademark registration application documents

When applying for trademark registration, the following documents should be submitted:

(1) "Trademark Registration Application"

1. For each trademark registration application, one copy of the "Trademark Registration Application Form" must be submitted to the Trademark Office.

2. The "Application for Trademark Registration" can be submitted in paper form or data message. If submitted in paper form, it shall be typed or printed. It is submitted in the form of data message. For specific requirements, please refer to the relevant regulations on online application.

3. If the applicant is a legal person or other organization, the official seal shall be affixed to the designated location on the application form; if the applicant is a natural person, the applicant shall use a pen or signature pen to sign in the designated location for confirmation.

4. When an applicant from Taiwan applies for trademark registration and claims priority in Taiwan, the "Application for Trademark Registration" specifically for applicants from Taiwan should be applied.

5. Please refer to the filling instructions attached to the "Trademark Registration Application Form" for details on the filling requirements of the "Trademark Registration Application Form".

(2) Copies of the applicant’s identity documents

1. If the applicant is a domestic legal person or other organization, he or she must submit a business license, legal person registration certificate, public institution legal person certificate, social Copies of valid certificates such as group legal person certificate, law firm practice certificate, and medical institution practice license; certificates such as school operating license, journal certificate, organization code certificate, etc. cannot be used as identity documents of the applicant.

2. If the applicant is a domestic natural person, he or she should submit a copy of a valid identity document such as an ID card, passport, household registration certificate, etc., as well as a copy of the "Individual Industrial and Commercial Household Business License" or a copy of the rural land contract management contract. pieces. The scope of goods and services for which a natural person applies for trademark registration shall be limited to the business scope approved by the business license or relevant registration documents, or to the agricultural and sideline products produced by the natural person.

3. If the applicant is a legal person or other organization from Hong Kong, Macao, Taiwan or abroad, he should submit a copy of the registration certificate of the region or country to which he belongs. Copies of registration certificates of offices and permanent representative offices of foreign enterprises in China are invalid. If the above-mentioned documents are in a foreign language, a Chinese translation should be attached; if not attached, the document will be deemed not to have been submitted.

4. If the applicant is a natural person from Hong Kong, Macao and Taiwan and applies for it on his own, he should submit a copy of the pass; if the applicant is a foreign natural person and applies for it on his own, he should submit a copy of his passport and a passport issued by the public security department within the validity period (one year) "Foreigner Permanent Residence Permit", "Foreigner Residence Permit" or "Foreigner Residence Permit" in the above).

(3) If a trademark agency is entrusted to handle the matter, a "Trademark Agency Power of Attorney" should be submitted.

1. The "Trademark Agency Power of Attorney" should specify the agency content and authority.

2. If the applicant is a foreigner or a foreign enterprise, the "Trademark Agency Power of Attorney" shall state the applicant's nationality.

3. The notarization and authentication procedures for the "Trademark Agency Power of Attorney" and related certification documents of foreigners or foreign enterprises shall be handled in accordance with the principle of reciprocity.

(4) If there is a person in charge of the direct application, a copy of the person’s identity certificate should be submitted

(5) Trademark pattern

1. Each Each trademark registration application must submit one trademark drawing. If you apply for trademark registration with a color combination or colored pattern, you must submit the colored pattern and a black and white copy; if you do not specify a color, you must submit a black and white pattern.

2. The trademark pattern must be clear and easy to paste, printed on smooth and durable paper or replaced by a photo. The length and width should be no more than 10 cm and no less than 5 cm. The trademark pattern should be pasted in the designated location on the "Application for Trademark Registration".

3. If applying for trademark registration with a three-dimensional logo, it should be stated in the application, and the use of the trademark should be explained in the trademark description column of the "Application for Trademark Registration". The applicant should submit a drawing that can determine the three-dimensional shape, and the trademark drawing should contain at least three views.

4. If applying for trademark registration based on a color combination, it should be stated in the application, and a text description should be included in the trademark description column of the "Application for Trademark Registration" to explain the color code and how to use the trademark.

5. If you apply for a registered trademark with a sound mark, you should declare it in the application, describe the sound mark in the trademark picture box, and submit a sound sample that meets the requirements, as well as a sound mark in the "Trademark The trademark description column of "Registration Application Form" explains how to use the trademark.

⑴Description of sound trademark. The sound applied for use as a trademark should be described in five-line musical notation or simplified musical notation, and a text explanation should be attached; if it cannot be described in five-line musical notation or simplified musical notation, it should be described in words.

⑵ Requirements for sound samples:

① If a sound trademark registration application is submitted in paper form, the audio file of the sound sample should be stored in a read-only CD, and the CD should There is only one audio file. If a sound trademark registration application is submitted via data message, the sound sample should be uploaded correctly as required.

②The audio file of the sound sample should be less than 5MB and the format is wav or mp3.

⑶The trademark description and the sound sample should be consistent.

(6) If you claim priority, you should submit a written statement and submit the priority certification document at the same time or within three months from the date of application, including the original document and a complete Chinese translation. If there is no written statement or the application/exhibition country/region, application/exhibition date, and application number columns are incomplete, it will be deemed that priority is not claimed. If the priority certification documents are not submitted within the time limit or are incompletely submitted, or if the certification documents are insufficient to prove that the priority is enjoyed, the priority will be invalid.

(7) When applying for registration of another person’s portrait as a trademark pattern, an explanation must be given, and a letter of authorization from the person who represents the portrait must be attached and notarized. The notarial certificate should include a portrait of the person doing the portrait. If a natural person, legal person or other organization applies for registration of another person's portrait as a trademark pattern, and the person in the portrait is dead, a notarial certificate stating that the applicant has the right to dispose of the portrait should be attached. The notarial certificate should include the portrait of the person in the portrait.

If a natural person applies for registration of his or her own portrait as a trademark design, an explanation shall be provided, and a notarial certificate may not be attached.

(8) If the various certificates, supporting documents and evidential materials submitted by the applicant are in foreign languages, Chinese translations shall be attached; if not attached, the certificates, supporting documents or evidential materials shall be deemed not to have been submitted.

(9) When a natural person in mainland China applies for trademark registration, in addition to submitting the "Trademark Registration Application", trademark drawings and other materials in accordance with relevant regulations, he should also pay attention to complying with the "Precautions for Natural Persons in Applying for Trademark Registration" 》requirements. The specific content is as follows:

In accordance with Article 4 of the Trademark Law of the People's Republic of China, if a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services during production and business activities, You should apply for trademark registration to the Trademark Office. The provisions of this Law on commodity trademarks apply to the provisions on service trademarks. When handling trademark registration, transfer and other application matters in the name of a natural person, in addition to submitting an "Application for Trademark Registration", trademark drawings and other materials in accordance with relevant regulations, the following matters should also be paid attention to: :

1. Individual industrial and commercial households can apply for trademark registration in the name of the applicant using the trade name registered in their "Individual Industrial and Commercial Household Business License", or they can also apply for trademark registration in the name of the person in charge registered on the license. When applying in the name of the person in charge, copies of the following materials should be submitted:

⑴ ID card of the person in charge;

⑵ Business license.

2. Rural contract operators can apply for trademark registration in the name of the person who signed the contract. When applying, they should submit copies of the following materials:

⑴ ID card of the signer

⑵Contract.

3. Other natural persons who are legally permitted to engage in business activities may apply for trademark registration in the name of the operator listed in the registration document issued by the relevant administrative authority. Copies of the following materials should be submitted when applying. :

⑴ ID card of the operator;

⑵ Registration document issued by the relevant administrative authority.

4. The scope of goods and services for which a natural person applies for trademark registration shall be limited to the business scope approved by the business license or relevant registration documents, or to the agricultural and sideline products produced by the natural person.

Since 2013, some provinces, cities and regions that have carried out pilot work on commercial registration system reform have begun to trial the new version of individual industrial and commercial household business licenses. The new version of the business license for individual industrial and commercial households no longer records business scope information. Instead, an important reminder column is set up, which states that the business scope of the commercial entity is determined by the application form. Specific information can be inquired on the information platform designated by the registration authority. If the trademark registration application document containing a copy of the above-mentioned new version of the business license of an individual industrial and commercial household is handled by oneself at the trademark registration hall, a copy of the business license signed or stamped by the applicant and confirmed to be authentic and valid, downloaded and printed from the website designated by the registration authority, must be submitted at the same time. If you entrust an agent through a trademark agency, you should also submit certification materials on the business scope that have been stamped by the trademark agency and confirmed to be true and valid and downloaded and printed from the website designated by the registration authority.

5. The Trademark Office will not accept any trademark registration application that does not comply with the provisions of Article 4 of the Trademark Law.

If the applicant provides false materials to obtain trademark registration, the Trademark Office will revoke the registered trademark

6. Payment of trademark registration fees

Acceptance of trademark registration fees Please refer to the relevant instructions for the payment amount and payment method.

7. Trademark registration application correction procedures (not required procedures)

If the trademark registration application procedures are complete, the application documents are filled in and the fees are paid in accordance with the regulations, the Trademark Office will accept the application and notify it in writing Applicant; If the application procedures are not complete, the application documents are not filled in as required, or the fees are not paid, the Trademark Office will not accept the application and will notify the applicant in writing and explain the reasons. If the application procedures are basically complete or the application documents are basically in compliance with the regulations, but if they need to be supplemented or corrected, the Trademark Office will notify the applicant to make supplements and corrections, and the applicant shall make corrections according to the specified content and return them to the Trademark Office within 30 days from the date of receipt of the notification.

If corrections are made and returned to the Trademark Office within the prescribed time limit, the application date will be retained; if corrections are not made within the time limit or corrections are not made as required, the Trademark Office will not accept the application and notify the applicant in writing.

8. Substantive examination procedures for trademark registration applications

The Trademark Office will examine the trademark registration applications accepted in accordance with the relevant provisions of the Trademark Law. If the registration application for the use of a trademark on some designated goods meets the regulations, it will be preliminarily reviewed and announced; if the registration application does not meet the regulations or the use of the trademark on some designated goods does not meet the regulations, it will be rejected or the use of the trademark on some designated goods will be rejected. To apply for registration, notify the applicant in writing and explain the reasons.

9. Notes

(1) The "Registration Application Acceptance Notice" only indicates that the trademark registration application has been accepted by the Trademark Office, but does not indicate that the application has been approved.

(2) If the trademark registration application is rejected, if the applicant is not satisfied with the rejection decision, the applicant may apply to the Trademark Review and Adjudication Board for review within 15 days from the date of receipt of the rejection notice.

(3) If the trademark applied for registration is opposed, if the applicant (i.e. the opposed party) is dissatisfied with the Trademark Office’s decision not to register, he may file a trademark application within 15 days from the date of receipt of the notice. Application for review by the Review Committee.

(4) A trademark remains an unregistered trademark after the application is submitted but before the registration is approved, and must still be used as an unregistered trademark. If the use of the trademark infringes upon the exclusive rights of others to use the trademark, it will not affect the investigation and punishment of the behavior by the relevant industrial and commercial administrative authorities.

(5) The validity period of a registered trademark is 10 years, calculated from the date of approval of registration. If the registered trademark expires and needs to be continued to be used, the trademark registrant shall go through the renewal procedures within 12 months before expiration. If the trademark registrant fails to apply during this period, it can apply within the 6-month extension period after the expiration, but must pay a delay fee for accepting renewal registration. After the extension period expires

If a renewal application has not been submitted, the Trademark Office will cancel the registered trademark. If the original registrant wants to continue to have the exclusive rights to the trademark, he must resubmit a registration application.

What are the conditions for applying for a registered trademark?

As a modern symbol, trademarks carry the intangible assets of an enterprise and are a medium for the enterprise to transmit comprehensive information. As the most important part of corporate strategy, trademark is the most widely used, most frequent, and most critical element in the process of corporate image transmission. The company's strong overall strength, perfect management mechanism, high-quality products and services are all embodied in the logo. Through constant stimulation and repeated portrayal, it remains deeply in the hearts of the audience.

Conditions required for applying for a registered trademark. The main basic function of a trademark is to mark and distinguish it. Therefore, my country’s Trademark Law stipulates that the words, graphics) or combinations used in a trademark should have distinctive characteristics and facilitate the convenience of use. Identification, so distinctiveness is the most important essential condition that should be met when applying for a registered trademark.

What basic conditions must be met when applying for a registered trademark?

my country does not have strict requirements for trademark applicants. Article 4 of the "Trademark Law" stipulates: natural persons, legal persons or other organizations in production and business activities If you need to obtain the exclusive right to use a trademark for your goods or services, you must apply for trademark registration with the Trademark Office. This also means that individuals or corporate legal persons can apply for registered trademarks in accordance with the law, but when submitting trademark registration applications, they should provide proof of business entity qualifications, such as individual industrial and commercial household business licenses, company business licenses, etc. Applying for a registered trademark is not that simple, and some basic conditions need to be met.

For a trademark to be successfully registered, it needs to meet some basic conditions. If these conditions are not met, the trademark faces the risk of being rejected. Once a trademark is rejected, subsequent review and defense procedures will follow, which not only wastes application fees, agency fees and other related expenses, but also wastes the applicant's time and resources.

Basic conditions for trademark registration application:

(1) The trademark application documents must be complete: the trademark registration application must be stamped with the applicant’s seal, and if an agent is entrusted, a trademark agency entrustment must be provided The letter must be stamped with the agent's stamp; if applying directly, you must also provide: a copy of the applicant's business license or a copy of the business license stamped by the local industrial and commercial administration department, a letter of introduction from the applicant, and a copy of the ID card of the person in charge.

(2) The application form must be filled out in a standardized manner. If changes are required, a stamp or signature must be added;

(3) The trademark image must be clear and easy to paste;

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(4) When applying for trademark registration for medicines, cigarettes or newspapers and magazines, provide supporting documents from relevant departments; (5) If applying for registration using a portrait of a person as a trademark, the portrait must be provided The right holder’s authorization letter must be notarized by a notary public;

(6) When applying for collective trademarks and certification trademarks, it is also necessary to provide trademark use management rules that prove the applicant’s subject qualifications.

Trademarks should be registered in time, but we cannot ignore some detailed preparations. Trademarks are of great significance to the development of enterprises. The earlier a trademark is registered, the sooner products can be put into the market. Therefore, we must pay more attention to adequate preparations. If the trademark application does not meet the conditions and is rejected by the Trademark Office due to insufficient materials, then among them The wasted time and money are also considerable losses, and your brand may even lose the best opportunity to enter the market.

According to the provisions of my country’s Trademark Law, the following words and graphics are not allowed to be used in trademarks:

(1) The same as the country name, national flag, national emblem, military flag, The same or similar words and graphics as the medal;

(2) The same or similar words and graphics as the name, national flag, national emblem, military flag and medal of a foreign country;

(4) Words and graphics that are the same as or similar to the signs and names of the red cross and red crescent;

(5) The common name and graphics of the product;

(6) Direct representation of the product Text and graphics with quality, main raw materials, functional uses, weight, quantity and other characteristics;

(7) Text and graphics that are ethnically discriminatory;

(8) Exaggerated propaganda and deceptive text and graphics;

(9) Text and graphics that are harmful to socialist morals or have other adverse effects.

Note: Place names of administrative divisions at or above the county level or foreign place names known to the public may not be used as trademarks, except where the place names have other meanings; registered trademarks using place names will continue to be valid.

Trademark is a legal term that is used by producers and operators on the goods or services they produce, manufacture, process, select or distribute in order to distinguish the source of goods or services and have distinctive features. Generally composed of text, graphics or a combination thereof. Trademarks approved and registered by the state are registered trademarks and are protected by law. The trademark registrant enjoys exclusive rights to the trademark