What is the process to register a trademark in Xi'an? How much does it cost to register a trademark in Xi'an? The editor has brought you relevant knowledge about trademark registration, and you may be among them. required. How much does it cost to register a trademark (for reference only)
Registration fees are charged according to category and number, and the fee for each trademark in each category is:
1,900 yuan (valid for ten years, including ten years Fees, domestic companies or individuals, including 1,000 state fees and 900 agency fees)
3,000 yuan (valid for ten years, including ten years of fees, foreign companies or individuals, including 1,000 state fees and 900 agency fees) 2000) What is the procedure for trademark registration
(1) Registration preparation
Select the registration method: one is to apply for registration at the Trademark Office of the State Administration for Industry and Commerce; the other is Entrust an experienced trademark agency to organize agency services.
(2) Preparation of materials
Prepare 10 trademark drawings (for color trademarks of specified colors, 10 colored drawings and 1 black and white ink drawing should be submitted), the length and width should not be larger than 10 cm, not less than 5 cm. If the direction of the trademark pattern is unclear, arrows should be used to indicate the upper and lower parts; if an individual applies, he or she must present his or her ID card and submit a copy plus a copy of the individual business license and the business scope must be consistent with the registered trademark. ; If the application is from an enterprise, present a copy of the enterprise's "Business License" and submit a copy; a trademark registration application form stamped with the official seal of the unit.
(3) Apply according to the classification of goods and services
Currently, goods and services are divided into 45 categories, including 34 categories of goods and 11 categories of services. When applying for 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 according to different categories.
(4) Determination of the filing date
This is the most important point: since China’s trademark registration adopts the first-to-file principle, once you have a dispute over trademark rights with other companies, you must apply Enterprises that come first will be protected by law. Therefore, it is very important to establish the filing date. The filing date shall be the date when the Trademark Office receives the application.
The next step is the three procedures of trademark review, preliminary review announcement, and registration announcement. It should be emphasized that a trademark that has passed the preliminary review by the Trademark Office can be registered only if no one raises objections three months after the announcement. The trademark is protected by law. The validity period of a registered trademark is ten years, calculated from the date of approval of registration. If the validity period expires and you need to continue to use it, you can apply for trademark renewal registration.
(5) Receive the trademark registration certificate
After the trademark is registered, the Trademark Office issues a certificate to the registrant. If it is through an agency organization, the agent will send the "Trademark Registration Certificate" to the registrant; if the registration is done directly, the registrant should go to the Trademark Office to obtain the certificate within three months after receiving the "Notice of Receiving the Trademark Registration Certificate", and at the same time Bring: a letter of introduction for obtaining the trademark registration certificate, ID card of the person receiving the certificate and its copy, a copy of the original business license and a copy stamped with the seal of the local industrial and commercial department, a notice for receiving the trademark registration certificate, and a copy if the name of the trademark registrant is changed. Change certificate issued by the industrial and commercial department.
It generally takes about one to three and a half years from application to issuance of a newly applied trademark, of which application acceptance and formal review takes about one month, substantive review takes about 24 to 30 months, and objections The period is three months, and it takes about two months from the approval announcement to the issuance of the certificate.
(6) Instructions for trademark registration application
A natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for the goods or services it produces, manufactures, processes, selects or distributes. , a trademark registration application should 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. What are the trademarks that can be applied for registration?
The trademark applied for registration should be distinctive, and prohibited words and graphics are not allowed
Article 9 of the "Trademark Law" stipulates:? What trademarks are applied for registration? A trademark should have distinctive features and be easy to identify? The requirement that a trademark must have distinctive features is determined by the identification function of the trademark. When a trademark is used in the market, it should be obvious to consumers that it is a trademark rather than decoration or description. Therefore, having distinctive features and being easy to identify are necessary conditions that a trademark should have.
In addition to being distinctive, in accordance with Articles 10 and 11 of the Trademark Law, the following words and graphics may not be used in trademarks:
(1) Same as the People's Republic of China* **If the name, national flag, national emblem, military flag, or medal is the same as or similar to that of the country, it shall not be used as a trademark.
(2) If it is the same as or similar to the name, national flag, national emblem or military flag of a foreign country, it shall not be used as a trademark. Except with the consent of the government of that country.
(3) Identical or similar to the name, flag, or emblem of an intergovernmental international organization. Except with the consent of the organization or if it is not likely to mislead the public.
(4) Is the same as or similar to the official mark or inspection mark indicating the implementation of control and guarantee. Except with authorization.
(5) The same or similar symbols or names as the Red Cross or the Red Crescent.
(6) The common name and graphics of this product. The common name of this product refers to the name of a certain type of product that is commonly used within a certain range. Common names and graphics of goods are prohibited from being trademarks of this product, on the one hand because they cannot distinguish different operators and are not distinctive; on the other hand, they are to prevent generic names and graphics from being unfairly monopolized by exclusives. However, such names or graphics may be approved if applied for registration in combination with a distinctive mark.
(7) Directly express the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods. Text or graphics that directly represent the quality, main raw materials, functions, uses, weight, quantity and other characteristics of goods or services are descriptive text or graphics commonly used by operators on their goods or services, and are for *use scope, exclusive monopoly should be prohibited. If the words or graphics of a trademark indirectly describe or merely imply the quality and other characteristics of the goods or services used, or if other parts of the trademark are distinctive, registration can be approved.
(8) Ethnically discriminatory.
(9) Exaggerated and deceptive propaganda. If the words, graphics or combination of trademarks exaggerate the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods or services used, and are deceptive, they shall not be used as trademarks. However, exaggeration without deception shall not be subject to this restriction.
(10) Harmful to socialist morals or have other adverse effects. Anything that violates social public interests and public order, or violates socialist moral concepts, is prohibited by this clause.
(11) Place names of administrative divisions at or above the county level or foreign place names known to the public shall not be used as trademarks, except where the place names have other meanings or are part of collective trademarks or certification marks.
Trademarks with geographical names are easily considered to indicate that goods and services originate from a certain place. They lack the function of distinguishing different operators and are not suitable for monopoly by one company. Therefore, it is an international practice to prohibit place names from being used as trademarks.
In addition to the above, the Trademark Law also requires that the trademark applied for registration shall not infringe the prior rights of others, such as copyright, design patent rights, etc., and shall not plagiarize or imitate other people's well-known trademarks.
Processing trademark registrationTrademark registration