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What are the procedures for applying for trademark registration?
The procedures that units or individuals applying for trademark registration must perform according to law.
In China, the main matters are:
(1) Submit a trademark registration application according to the commodity classification table. Any product of one category or several products of this category can be applied for as a trademark by filling out an application form and paying a registration fee; if two or more commodities do not belong to the same category, they must apply separately according to category. , and pay the application form and registration fee accordingly; if the product applied for does not have a product name in the classification table, fill in the category based on similar products; if the product applied for is not listed in the classification table, you can not fill in the category temporarily, but apply People must fill in the main raw materials, properties, uses, etc. of the goods for the Trademark Office to review.
(2) Fill in the application form in accordance with the written form drawn up by the State Administration for Industry and Commerce and approved by the State Council. A pen or brush must be used, blue or black ink should be used, and the font should be neat and standardized. The prescribed items must be filled in one by one, such as the trademark name, the name of the product using the trademark, purpose, main raw materials, technical standards, the name of the applicant, address, business license number, etc., and then stamped with the stamp of the unit or individual, and signed by the person in charge. or the applicant’s signature.
(3) When submitting an application for trademark registration, 10 trademark drawings should be submitted at the same time. If the trademark specifies a color, a black and white ink draft of the colored pattern of the trademark should be submitted. The trademark pattern must be printed on smooth and durable paper, with the length and width not larger than 10 cm and not smaller than 5 cm. For hard, plastic and other items that cannot be pasted, use patterns or photos printed or drawn on paper instead.
(4) Submit other documents. When applying for drug trademark registration, documents proving approval of the production of drugs by the Ministry of Health or the health department (bureau) of the province, autonomous region, or municipality directly under the Central Government should be attached. When applying for trademark registration of cigarettes or cigars, documents approving production or distribution should be submitted. For goods that can only be produced after inspection and permission from the relevant competent authorities (such as low-voltage electrical appliances, machine tools and electrical appliances, etc.), if you apply for a registered trademark, you must submit a production license issued by the competent authorities. When foreigners or foreign enterprises apply for trademark registration, they should also submit a power of attorney. In addition, according to work needs or the principle of reciprocity, sometimes they should also submit nationality certificates, home country registration certificates, reciprocal agreement certificates, product lists, etc.
(5) Pay the application fee and registration fee in accordance with the regulations of the State Administration for Industry and Commerce. All the above documents and fees must be prepared at the time of application, otherwise the application will not be accepted. If the application procedures are incomplete, the application will be returned and revised by the applicant, and the application date will not be retained.
What materials are needed to apply for trademark registration?
What materials are required to apply for a trademark:
1. A trademark drawing is required;
2. Registered trademark Scope of goods or services to be used;
3. Identity documents: A. For company applications: a copy of the company's business license is required; B. For individual applications: an individual business license and personal ID card are required a copy.
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 my country:
① The principle of voluntary application for registration. Article 4 of the Trademark Law stipulates that enterprises, institutions and individual industrial and commercial entities that need to obtain the exclusive right to use trademarks for the goods they produce, manufacture, process, select or distribute or for the services they provide shall apply to the Trademark Office Goods or service mark registration. The need to obtain the exclusive right to use a trademark as mentioned here reflects the principle of voluntary registration.
②Principle of mandatory application for registration. Article 5 of the "Trademark Law" stipulates that goods that must use a registered trademark according to the state must apply for trademark registration. If the registration is not approved, they may not be sold in the market. The goods referred to here that must use registered trademarks include human medicines and tobacco products.
What are the procedures for applying for trademark registration?
From applying for trademark registration to receiving the "Trademark Registration Certificate", you need to go through formal review, substantive review, preparation of preliminary trademark review announcement, Procedures such as opposition period, preparation of registration announcement and issuance of "Trademark Registration Certificate". In recent years, the Trademark Office has continued to speed up its work process, and it still takes 12 to 15 months.
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