If you want to register a trademark in 2016, what materials are generally required? What is the process of registering a trademark? The editor has brought you relevant knowledge about "registering a trademark", among which Maybe there's what you need. Materials required for trademark registration
1. If applying for registration under a company name, a copy of the business license must be provided, and the official seal must be stamped on the copy of the business license;
2. If you apply for registration of 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 If the color of the drawing needs to be protected, a color drawing must also be provided;
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, referring to the "Goods for Trademark Registration" Fill in the ninth edition of the "International Classification of Goods and Services" (Nice Classification) and the "Classification Table of Similar Goods and Services" modified by the Trademark Office based on the above-mentioned international classification table;
5. Provide the "Distinction Table of Similar Goods and Services" with official seal or signature. "Trademark Agency Power of Attorney", 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 as required, the Trademark Office will issue an acceptance notice.
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. What do ?R? and ?TM? in the upper right corner of the registered trademark mean?
According to the revised "Implementing Rules of the Trademark Law", there are only three ways to mark a registered trademark, which is to add after the registered trademark: A. ?Registered trademark? Four Chinese characters, B, ?note?, with a circle outside the word note, C, ?R?, with a circle outside the R. Any other labeling methods are inconsistent with legal requirements. ?Note? is a Chinese character, which is obviously not as popular around the world as using (R), so we recommend that it is best to use (R).
TM is the abbreviation of TRADEMARK. American trademarks are usually marked with TM, which does not necessarily refer to a registered trademark. R is the abbreviation of REGISTER. When used in trademarks, it means registered trademark. my country's Trademark Law Implementation Regulations stipulate that when using a registered trademark, you can indicate "registered trademark" or registered mark on the goods, product packaging, instructions or other attachments. . When using a registered mark, it should be marked on the upper right corner or lower right corner of the trademark.
Therefore, TM and R are trademark marks of different countries and have no special relationship. Some domestic companies do not understand the legal provisions and blindly imitate American companies and use the TM mark on their trademarks. Can a company name be registered as a trademark?
Our country allows company names to be registered and used as trademarks.
According to the spirit of my country’s trademark law, company names can be registered as trademarks. However, when an applicant uses the name of an enterprise as a trademark, the enterprise name must contain a significant part, and the enterprise name applied for as a trademark should be completely consistent with the name registered on the applicant's business license.
In the application for registration documents, the applicant may not indicate the relinquishment of exclusive rights for non-significant parts in the application. Because the administrative divisions, industries and corporate organizational forms of these signs cannot be exclusively used by a certain operator, they will be regarded as automatically giving up the exclusive rights during the trademark registration review process, and there is no need to specifically indicate the abandonment.
It should be noted that the overall registration of a trademark in the name of a company is not conducive to the company's future transfer, licensing, and change of company name. 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, 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. However, such name 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 personal use. Within the 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 combinations of trademarks exaggerate and promote 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 monopolization 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., nor may it plagiarize or imitate other people's well-known trademarks.
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