There are two ways to apply for registration of a commodity trademark or service trademark:
(1) Entrust a trademark agency registered with the Trademark Office to handle the application.
(2) The applicant shall go directly to the Trademark Hall to apply.
Office address: No. 1, Chama South Street, Xicheng District, Beijing Postcode: 100055
Office hours: 8:30-11:30 13:30-16:30
Inquiry hotline: 86-10-63219616 86-10-68027820
86-10-63219612
Applicants can also go to the Trademark Office’s National Independent Innovation Demonstration Zone in Zhongguancun The office address is: Office 205, second floor, Beijing Administration for Industry and Commerce, No. 36 Suzhou Street, Haidian District, Beijing.
3. Processing Procedure
(1) If entrusting a trademark agency to handle the matter, the applicant 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 hall to apply, the applicant can follow the following steps:
Inquiry before applying for trademark registration (optional procedure) → Prepare application documents → Submit the application documents at the trademark hall acceptance window → confirm the submission of the application at the coding window → pay the trademark registration fee at the payment window → 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 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. Trademark Registration Application Procedures
To apply 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 in the form of 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.
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 cannot be used as copies of identity documents. If the above 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 content and authority of the agency.
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 handler for direct application, a copy of the handler’s identity document shall be submitted.
(5) Trademark drawings
1. A trademark drawing must be submitted for each trademark registration application. 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 mark, it should be stated in the application, and the method of use of the trademark should be explained in the "Trademark Description" column of the "Trademark Registration Application". 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 "Trademark Registration Application" to explain the use of the color code and trademark. Way.
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 frame, and submit a sound sample that meets the requirements, as well as a sound mark in the "Trademark The "Trademark Description" column of the "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 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 the priority, 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. The authorization letter should include the portrait of the person applying as the trademark image. 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 document proving the applicant's right to dispose of the portrait should be attached. The certification document should include the portrait of the person applied for as a trademark pattern.
If a natural person applies for registration of his or her own portrait as a trademark design, he or she shall provide an explanation and does not need to attach a letter of authorization.
(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" 》Relevant requirements.
According to 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 in the course of production and business operations, it shall submit a request to the Trademark Office Apply for trademark registration with the Bureau. The provisions of this Law on commodity trademarks shall apply to the provisions of "Service Marks". When handling trademark registration, transfer and other application matters in the name of a natural person, in addition to submitting the "Trademark Registration Application", trademark drawings and other materials in accordance with the relevant regulations , you should also pay attention to the following matters:
1. If the applicant is an individual industrial and commercial household, he can apply for trademark registration in the name of the applicant with the name registered in his "Individual Industrial and Commercial Household Business License", or he can also apply for trademark registration in the name of the individual industrial and commercial household. An application for trademark registration must be filed in the name of the person in charge of registration. 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. If the applicant is a rural contract operator, he or she may apply for trademark registration in the name of the person who signed the contract. Copies of the following materials should be submitted when applying:
⑴Signature Personal ID card
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. If the applicant is a rural contract operating household, the scope of goods and services applying for trademark registration shall be limited to his or her self-operated agricultural and sideline products; the applicant is any other than individual industrial and commercial households or rural contract operating households. If there are other natural persons who are legally permitted to engage in business activities, their business scope shall be limited to the scope of business approved by the relevant registration documents.
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.
(10) The matters reported and the materials provided for applying for trademark registration should be true, accurate and complete.
If registration is obtained by deception or other improper means, the Trademark Office shall declare the registered trademark invalid; other units or individuals may request the Trademark Review and Adjudication Board to declare the registered trademark invalid.