1. Inquiring about the right of prior registration of trademarks:
Inquiring refers to inquiring whether the trademark applied for by the applicant for trademark registration or his agent is the same as or similar to the trademark of prior right before applying for registration. It is worth noting that although trademark inquiry is not a necessary procedure for registered trademarks (following the principle of voluntary inquiry), this work can greatly reduce the risk of trademark registration and improve the certainty of trademark registration. In the process of inquiry, due to the influence of data processing and trademark application review period, some previously applied trademarks cannot enter the database, so it is impossible to query and retrieve this part of information. In addition, the trademark inquiry and examination work is undertaken by different personnel, and the inquiry personnel and different examiners may have different opinions on the examination point of view. Therefore, the result of trademark inquiry cannot be used as a legal basis and has no legal effect. Therefore, it is very important to find a professional trademark inquiry company or a trademark agency organization with perfect trademark inquiry conditions before registering a trademark.
2. Preparation of trademark application materials:
(1) If you apply in the name of a natural person, you need to show your ID card and submit a copy of your identity. If you apply for registration with an enterprise as the applicant, you need to show a copy of the business license of the enterprise and provide a copy of the business license signed by the issuing authority. A complete application for trademark registration stamped with the official seal of the unit and personal signature.
(2) 1 trademark designs (for colored trademarks with specified colors, 1 colored designs and 1 black-and-white ink draft should be submitted). The trademark pattern provided must be clear and easy to paste, and be replaced by bright and durable paper or photos, with the length and width not more than 1 cm and not less than 5 cm. Where the direction of the trademark pattern is unclear, the arrow shall be used to indicate the top and bottom. When applying for the trademark of cigarettes and cigars, the design can be as large as the actual use.
(3) Prepare corresponding registration fees: registered trademark fees: trademark agency fees around 1 yuan +1 yuan.
2. Application for registration
1. Only individuals or groups with the following conditions can apply for a trademark in China:
Applicants for trademark registration must be: enterprises, institutions, social organizations, individual businessmen, individuals, foreigners or foreign enterprises from countries that have signed agreements with China, participated in international treaties with China or handled on the principle of reciprocity. They meet the above conditions and need to obtain the exclusive right to use trademarks.
2. Apply according to the classification of goods and services:
At present, China's trademark law implements the international classification of goods, which divides more than 1, kinds of goods and services into 45 categories, including 34 categories of goods and 11 categories of services. When applying for trademark registration, the categories of goods or services using the trademark should be determined according to the classification of goods and services. If the same applicant uses the same trademark on different categories of goods, he should apply for registration in different categories according to the classification of goods. This can avoid improper expansion of the application scope of trademark rights, and is also conducive to the approval of examiners and the protection of trademark exclusive rights.
3. Determination of trademark application date:
It is very important to determine the application date. Because the principle of prior application is adopted in trademark registration in China, once the application date occurs, it becomes the legal basis for determining the trademark right. The date of application for trademark registration shall be based on the date when the Trademark Office receives the application (the smallest unit of date is' date')
III. Trademark examination
Trademark examination is a series of activities such as inspection, data retrieval, analysis and comparison, investigation and study, and decision to give preliminary approval or reject the application by the trademark registration authority
1. Registration preparation
1. Inquiring about the prior registration right of a trademark:
Inquiring refers to inquiring whether the trademark applied for by an applicant for trademark registration or his agent is the same as or similar to the trademark with prior registration right before applying for registration. It is worth noting that although trademark inquiry is not a necessary procedure for registered trademarks (following the principle of voluntary inquiry), this work can greatly reduce the risk of trademark registration and improve the certainty of trademark registration. In the process of inquiry, due to the influence of data processing and trademark application review period, some previously applied trademarks cannot enter the database, so it is impossible to query and retrieve this part of information. In addition, the trademark inquiry and examination work is undertaken by different personnel, and the inquiry personnel and different examiners may have different opinions on the examination point of view. Therefore, the result of trademark inquiry cannot be used as a legal basis and has no legal effect. Therefore, it is very important to find a professional trademark inquiry company or a trademark agency organization with perfect trademark inquiry conditions before registering a trademark.
2. Preparation of trademark application materials:
(1) If you apply in the name of a natural person, you need to show your ID card and submit a copy of your identity. If you apply for registration with an enterprise as the applicant, you need to show a copy of the business license of the enterprise and provide a copy of the business license signed by the issuing authority. A complete application for trademark registration stamped with the official seal of the unit and personal signature.
(2) 1 trademark designs (for colored trademarks with specified colors, 1 colored designs and 1 black-and-white ink draft should be submitted). The trademark pattern provided must be clear and easy to paste, and be replaced by bright and durable paper or photos, with the length and width not more than 1 cm and not less than 5 cm. Where the direction of the trademark pattern is unclear, the arrow shall be used to indicate the top and bottom. When applying for the trademark of cigarettes and cigars, the design can be as large as the actual use.
(3) Prepare corresponding registration fees: registered trademark fees: trademark agency fees around 1 yuan +1 yuan.
2. Application for registration
1. Only individuals or groups with the following conditions can apply for a trademark in China:
Applicants for trademark registration must be: enterprises, institutions, social organizations, individual businessmen, individuals, foreigners or foreign enterprises from countries that have signed agreements with China, participated in international treaties with China or handled on the principle of reciprocity. They meet the above conditions and need to obtain the exclusive right to use trademarks.
2. Apply according to the classification of goods and services:
At present, China's trademark law implements the international classification of goods, which divides more than 1, kinds of goods and services into 45 categories, including 34 categories of goods and 11 categories of services. When applying for trademark registration, the categories of goods or services using the trademark should be determined according to the classification of goods and services. If the same applicant uses the same trademark on different categories of goods, he should apply for registration in different categories according to the classification of goods. This can avoid improper expansion of the application scope of trademark rights, and is also conducive to the approval of examiners and the protection of trademark exclusive rights.
3. Determination of trademark application date:
It is very important to determine the application date. Because the principle of prior application is adopted in trademark registration in China, once the application date occurs, it becomes the legal basis for determining the trademark right. The date of application for trademark registration is based on the date when the Trademark Office receives the application documents (the smallest unit of date is' date')
III. Trademark examination
Trademark examination is a series of activities such as inspection, data retrieval, analysis and comparison, investigation and study conducted by the trademark registration authority to determine whether the application for trademark registration conforms to the provisions of the Trademark Law.
IV. Announcement of preliminary examination
Trademark examination refers to trademark registration. And make an announcement in the Trademark Announcement. If no one raises any objection within three months from the date of publication of the preliminary examination and approval announcement, the trademark shall be registered and a registration announcement shall be published at the same time.
V. Announcement of Registration
Trademark registration is a trademark legal procedure. An application filed by an applicant for trademark registration shall be preliminarily examined and approved by the Trademark Office. If no objection is raised within three months or the objection is ruled invalid, the trademark shall become effective and protected by law, and the trademark registrant shall enjoy the exclusive right to use the trademark. It takes about one year to one and a half years for a trademark to be registered. The term of validity of a registered trademark is ten years, counting from the date of approval of registration. If the registered trademark expires and needs to be used continuously, it may apply for renewal of registration.
VI. Obtaining the Trademark Registration Certificate
If it is through an agent, the agent will send the Trademark Registration Certificate to the trademark registrant.
if a trademark is registered directly, the trademark registrant should go to the trademark office to obtain the certificate within three months after receiving the Notice of Obtaining the Trademark Registration Certificate, and should also bring:
(1) a letter of introduction to obtain the trademark registration certificate;
(2) the ID card of the witness and its copy;
(3) the original copy of the business license, which should be stamped with the stamp of the local industrial and commercial department;
(4) Notice of obtaining the trademark registration certificate;
(5) if the name of a trademark registrant changes, a certificate of change issued by the working department shall be attached.