In the Tianjin Free Trade Zone, a company plans to apply for a registered trademark, but how should it start? You will understand after reading the Tianjin Free Trade Zone company trademark registration process compiled by the editor! Share the article To everyone, welcome to read, for reference only!
Company registration process in Tianjin Free Trade Zone
Information required for trademark registration
1. Based on the business If you apply for registration of a name, you need to provide a copy of the business license, and the official seal needs to be stamped on the copy of the business license;
2. If you apply for registration in an individual name, you need to provide a copy of your personal ID card and A copy of the individual industrial and commercial household's business license. The copy of the individual industrial and commercial household's business license must be stamped with the official seal;
3. Provide trademark text or patterns. If the color needs to be protected, a color pattern is also required;
4. Provide the goods/services to be registered, which can be based on the goods operated by the applicant or the services provided by the applicant, with reference to the ninth edition of the International Classification of Goods and Services for Trademark Registration (Nice Classification) and the Trademark Office’s Fill in the "Classification Table of Similar Goods and Services" modified from the above-mentioned international classification table;
5. Provide a "Trademark Agency Power of Attorney" with an official seal or signature, which can be obtained from this website; especially Note that the address on the "Trademark Agency Power of Attorney" should be exactly the same as the registered address on the business license.
Trademark registration process
Trademark registration process 1. Formal review
After formal review, the application procedures are complete and the application documents are filled in in accordance with regulations, the Trademark Office will issue Send a notice of acceptance.
If the application procedures are incomplete or the application documents are not filled in as required, a notice of rejection will be issued and returned, and the application date will not be retained.
If the application procedures are basically complete or the application documents basically comply with the regulations, but if supplements and corrections are needed, the Trademark Office will issue a notice of supplements and corrections to the trademark registration application. If the applicant makes corrections within the time limit and returns it to the Trademark Office, the application date will be retained; if the applicant fails to make corrections or makes corrections beyond the time limit, the Trademark Office will issue a notice of rejection and return it, and the application date will not be retained.
Trademark registration process 2. Substantive examination
After passing the formal examination, the trademark application enters the substantive examination. After substantive examination, any trademark application that complies with the relevant provisions of the Trademark Law will be initially reviewed and approved by the Trademark Office and announced.
If the application is rejected, a rejection notice will be issued to the applicant.
If the Trademark Office believes that the contents of the trademark registration application can be revised, it will issue an examination opinion. If the applicant responds within the time limit, the Trademark Office will continue the examination.
For trademarks that have been preliminarily approved after review, the China Trademark Office will announce them in the "Trademark Announcement".
Within three months from the date of announcement, anyone can object to a trademark initially approved by the China Trademark Office.
If there is no objection or the objection is ruled not to be established, the China Trademark Office will approve the registration, issue a trademark registration certificate, and announce it in the "Trademark Announcement"; if the objection is ruled to be true, the registration will not be approved.
Request for review
If the applicant is dissatisfied with the Trademark Office’s rejection of the trademark registration application during the trademark registration process, he or she may request a review from the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board will make a final decision on whether to grant registration or not, and notify the applicant in writing. If the party concerned is dissatisfied with the Trademark Office's objection ruling, he or she may request a review from the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board will make a final decision and notify the parties in writing.
Trademark registration must prevent risks
1. There is a blind period for trademark inquiries
As we all know, a trademark applied for registration by an enterprise or individual cannot be in the same category or trademark as others. The registered or preliminary approved trademarks on similar goods are identical or similar. Otherwise, the trademark registration application will be rejected by the Trademark Office and the application will not be allowed. Therefore, before submitting a trademark registration application to the Trademark Office, applicants often use various methods to check whether the trademark they want to register is identical or similar, which to a certain extent ensures a higher probability of success for the trademark. However, many applicants do not know that even if they are searched on the Trademark Office website, it does not mean that they are not identical or similar.
This is because there is a "blind period" problem in trademark searches. The search blind period for trademarks is generally 3 to 6 months. The blind period of trademark search results in the incompleteness and lag of prior trademark information. No one can query the prior trademark information during the blind period. Therefore, the trademark applied for registration by an enterprise or individual may be different from the trademark registered in the blind period. The same or similar risks arise with earlier trademarks during the period.
2. Judgment of similarity is subjective
Whether a trademark is similar plays a decisive role in the success of trademark registration, but whether a trademark is similar cannot be judged by machine or program. It is independently reviewed and decided by the examiners of the Trademark Office in accordance with the "Trademark Examination Guidelines" and related standards. Since different examiners have certain differences in professionalism, knowledge, work experience, sense of responsibility, etc., their judgments on trademarks are similar. It is inevitably affected by the subjective factors of the examiner.
In addition, different categories of trademark registration involve different industry nature, goods and service characteristics, so the examiners of each category have different grasp of the examination standards, and the Trademark Office will temporarily assign them according to the situation. Some examiners support other examination categories with excessive backlogs of documents, which will result in a certain degree of uneven examination standards and thus affect the success rate of trademark registration.
3. Pay attention to the risk of objection during the announcement period
During the three-month announcement period, prior rights holders or interested parties may be protected by well-known trademarks, their trademarks may be registered, Objections may be made to the Trademark Office for reasons such as similar trademarks and prior application. In addition, anyone may object to the Trademark Office for reasons such as the trademark does not have distinctive features.
Once a trademark is opposed, the opposed trademark will enter a lengthy opposition procedure. After receiving the objection, the Trademark Office will ask the applicant to respond, and then comprehensively make a decision on whether to approve the trademark based on the materials. If you are not satisfied with the opposition ruling, you can further review the trademark opposition until court litigation.
Trademark opposition is a right granted by law to citizens and businesses. Anyone can file an objection as long as they have basic subject qualifications and appropriate reasons. Therefore, in addition to companies or individuals safeguarding their legitimate interests, the occurrence of trademark objections It may also be malicious competition by competitors. In this regard, the risk of objections during the announcement period is also very high.
Three principles of trademark registration
1. Principles of classified application
One application is limited to one trademark. If you apply for the same trademark on different categories of goods, you should submit a registration application in accordance with the commodity classification table;
If you use it on other goods of the same category, you should file a separate registration application.
2. Principle of Prohibition of Malicious Preemptive Registration
Trademark applicants shall not damage the existing prior rights of others, and shall not use unfair means to preemptively register trademarks that have been used by others and have certain influence. trademark.
3. Principle of first to apply
(1) First to apply, first to use, first to compensate
When applicants conflict with the same trademark, The first-to-application principle will apply, and the first-to-use basis will be used for compensation.
If the applications are applied on different days, the one applied first will be announced;
If the applications are applied on the same day, the application will be preliminarily reviewed and announced first;
Used on the same day or If none of the applications are used, an applicant will be determined by drawing lots;
If the applicant has been notified but does not participate in the drawing, the application will be deemed to have been abandoned, and the Trademark Office shall notify it in writing.
The application date for trademark registration shall be the date when the Trademark Office receives the application documents.
(2) Determination of priority.
From the date when the applicant first files an application for registration of the trademark in a foreign country, or from the first time the applicant uses the trademark on goods exhibited at a national exhibition sponsored and recognized by the Chinese government, the trademark shall be used from the date when the goods are exhibited. If an application for trademark registration is filed in China with the same trademark for the same goods within six months from the date of registration, the foreign country shall apply for trademark registration in China in accordance with the agreement signed between the foreign country and China or the international treaty to which both countries are parties, or in accordance with the principle of mutual recognition of priority. Can enjoy priority.
If you claim priority, you should make a written statement when filing an application for trademark registration, and submit a copy of the first trademark registration application document within three months; if you fail to make a written statement or fail to do so within the time limit, If a copy of the trademark registration application document is submitted, it will be deemed that no priority has been claimed.
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How to apply for trademark registration
Natural persons, legal persons or other organizations produce, manufacture, process, select or distribute goods or services provided by them. If services require the exclusive right to use a trademark, a trademark registration application must be submitted to the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) in accordance with the law. In the narrow sense, trademark registration applications only refer to goods and service trademark registration applications, international trademark registration applications, certification trademark registration applications, collective trademark registration applications, and special sign registration applications. In addition to the content of trademark registration applications in the narrow sense, trademark registration applications in the broad sense also include applications for change, renewal, transfer registration, objection applications, trademark license contract filing applications, and the handling of other trademark registration matters.
There are two ways for domestic applicants to handle various trademark registration matters:
One is to go directly to the Trademark Office;
The other is to entrust a nationally recognized Trademark agency agent
Trademark Office handles trademark registration
Applicants can follow the following steps:
Get the "Trademark Inquiry Form" from the inquiry window? Fill in the " Trademark Inquiry Form"? Mark the price at the inquiry window? Pay the trademark inquiry fee at the charging window? Return the "Trademark Inquiry Form" to the inquiry window? Receive the inquiry results at the inquiry window
Fill in the details of the "Trademark Inquiry Form" Requirements:
1. When filling out the "Trademark Inquiry Form", the text must be correct, standardized and clear, and the letters should be in capital letters.
2. A "Trademark Inquiry Form" is limited to one word trademark and no more than 10 goods or services of one category.
3. The "Goods or Services" column must be filled in strictly in accordance with the standardized names in the "Classification Table of Similar Goods and Services", and the group name of the commodity classification must not be filled in.
Trademark inquiry fee standards
Inquiry type inquiry method Chinese trademark (or number) English trademark (or prefix)
Expedited trademark inquiry 120 yuan 200 yuan
Ordinary trademark search costs RMB 60 to RMB 100
Receive the search results
The searcher will receive the trademark search results at the search window with the invoice.
Trademark inquiry time limit
Expedited inquiry: four working hours
Ordinary inquiry: three working days
Inquiry after trademark application It refers to the handling of trademarks by the trademark applicant or his agent after one and a half years from the date of submission of registration application, or six months from the date of submission of application for change, renewal, transfer, supplementary certificate, etc., when no information has been obtained. Inquiries for filing applications with the Trademark Office.
After the trademark applied for registration is approved for registration, the Trademark Office will issue a "Trademark Registration Certificate" to the trademark registrant. The "Trademark Registration Certificate" is the formal legal certificate that the trademark registrant has exclusive rights to his trademark.
(The above information is for reference only, the actual registration shall be subject to the Trademark Office)
Entrust a nationally recognized trademark agency to represent you:
Just follow the agency instructions Just provide the information required by the business. If you plan to build a commercial website for the enterprise, you must pay more attention to the VI design of the website. If the company itself already has a unified CI design (Corporate Indentity, corporate image recognition), then the website's VI design should follow its CI design. Of course, the premise is that you must have a suitable CI design. According to our experience, there are quite a few CI designs that are not suitable for application to the visual design of the website, which greatly limits the design of the website. Therefore, it is necessary for companies to listen to the opinions of professional web page producers when formulating their CI designs. Opinions, even if the company is temporarily blocked and has plans to go online.
Finding a professional and reliable design consulting company can get twice the result with half the effort! A good VI design can actually rely on the logo design, color, or standard fonts that have been specified in the CI design. be developed. Especially in the color part, using the right colors can often achieve complementary effects. In addition, design changes made to the consistency of the logo itself are also changes. In short, all approaches must be able to develop a design with a more brand image and fully incorporate the overall characteristics of the website into the mind of the viewer. inside. A VI design that can be remembered by viewers and attract them to come back is a successful website VI design.
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