1. Registration preparation
1. Choice of registration method:
One is to go to the Beijing National Trademark Office to handle trademark registration matters yourself (China Trademark Law allows Citizens of this country apply directly to the Trademark Office of the State Administration for Industry and Commerce for trademark registration). Another way is to entrust an experienced trademark agency organization to provide you with trademark agency services. This will save you a lot of time and energy. Of course, the other party will charge corresponding agency fees.
Attached: The business conditions that a trademark agency organization should have: it can provide clients with accurate legal advice and effective legal services, and it must be very familiar with trademark registration applications, use renewals, and transfer licenses. During the application process, you must be familiar with the various legal provisions and circulation procedures of objections, case analysis, reexamination and defense, etc. You must be familiar with the international classification of trademarks and services, accurately use the 34 categories of goods and 8 categories of services, and understand the 485 similar groups. The contents of the group are included to grasp the development trends of more than 1 million registered trademarks in my country.
2. Inquiry on the right to register a trademark first:
Trademark inquiry refers to whether the trademark registration applicant or his agent, before filing an application for registration, checks whether the trademark applied for is consistent with the trademark registration application. First, check whether there are identical or similar rights to the trademark. It is worth noting that although trademark search is not a required procedure for registering a trademark (following the principle of voluntary search), this work can greatly reduce the risks of trademark registration and improve the certainty of trademark registration. During the query process, due to factors such as data processing and trademark application review periods, some previously applied trademarks cannot be entered into the database, so this part of the information cannot be retrieved. In addition, the trademark search and examination work is undertaken by different personnel, and the search personnel and different examiners may have different opinions on the examination. Therefore, the results of the trademark search cannot be regarded as a legal basis and have no legal effect. Therefore, before registering a trademark, it is very important to find a professional trademark search company or a trademark agency organization with complete trademark search conditions.
3. Preparation of trademark application materials:
(1) If you are applying 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 present a copy of the enterprise's "Business License" and a copy of the "Business License" signed by the issuing authority. A completed trademark registration application form with the official seal of the unit and a personal signature.
(2) 10 trademark drawings (for color trademarks of specified colors, 10 colored drawings and 1 black and white ink drawing should be submitted). The trademark pattern provided must be clear and easy to paste. It must be on smooth and durable paper or replaced by a photo. The length and width must be no more than 10 cm and less than 5 cm. If the direction of the trademark pattern is unclear, arrows should be used to indicate the top and bottom. When applying for a cigarette or cigar trademark, the image can be as large as the actual one used.
(3) Prepare the corresponding registration fee: registered trademark fee: 1,000 yuan. If you entrust a trademark agency to handle it, you need to pay an additional trademark agency fee of about 800 yuan. 2. Apply for registration 1. Only individuals or groups that meet the following conditions can file trademark applications in my country: Applicants for trademark registration must be: legally established enterprises, institutions, social groups, individual industrial and commercial individuals, individual partnerships or have signed an agreement with China or signed an agreement with China ** *Foreigners or foreign enterprises from countries that are parties to international treaties or are subject to the principle of reciprocity. If they meet the above conditions and need to obtain the exclusive right to use a trademark, they must submit a trademark registration application to the Trademark Office on a voluntary basis (from November 1, 2001) , my country’s Trademark Office has begun accepting applications for registered trademarks from natural persons).
2. File an application according to the classification of goods and services:
Currently, my country’s trademark law implements the International Classification of Goods, which divides more than 10,000 kinds of goods and services into 42 Categories, including 34 categories of goods and 8 categories of services.
When applying for trademark registration, the category of goods or services for which the trademark is used should be determined according to the classification of the goods and services classification table. If the same applicant uses the same trademark on different categories of goods, he should file registration applications in different categories according to the commodity classification. This can avoid The unfair expansion of the scope of application of trademark rights 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 establish the application date. Since my country’s trademark registration adopts the first-to-file principle, once an application occurs The order of days becomes the legal basis for determining trademark rights. The application date for trademark registration shall be based on the date when the Trademark Office receives the application documents (the smallest unit of date is 'day') 3. Trademark review Trademark review is a review by the trademark registration authority. A series of activities include checking whether the trademark registration application complies with the provisions of the Trademark Law, data retrieval, analysis and comparison, investigation and research, and deciding to give preliminary approval or reject the application. 4. The approval of the trademark announced in the preliminary examination refers to the examination of the trademark registration application. , a decision to allow registration if it complies with the relevant provisions of the Trademark Law. And be announced in the "Trademark Announcement". If no one raises any objection to a preliminary approval trademark within three months from the date of publication of the preliminary approval announcement, the trademark will be registered and a registration announcement will be published at the same time.