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Detailed process of trademark registration in 2016

Trademark registration also requires a series of procedures. Do you know what materials are needed to register a trademark? The editor has brought you relevant knowledge about trademark registration. There may be what you need. Materials required for trademark registration

1. If applying for registration under a business 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 business license of the individual industrial and commercial household. The copy of the business license of the individual industrial and commercial household must be stamped with the official seal;

3. Provide the trademark text or Drawings, if the color needs to be protected, color drawings 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 "Classification 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. Will a registered trademark be revoked if it is not used for a long time?

Because trademark resources are limited, there is a time limit for use. If a trademark requires continued use, it can be renewed every ten years without time limit. However, many trademarks will be abandoned by the trademark holder, so they do not need to renew, and the trademark can be registered and used by others.

The "Trademark Law" stipulates that if the trademark is not used for three consecutive years, it can be revoked for the same reason. If a registered trademark has not been used for three consecutive years, there are two penalties. It is not inevitable that it will be revoked, and the Trademark Office can also order correction within a time limit. The concept of trademark use is very broad, and it does not only refer to use on registered goods or services. There is some work that can be done here.

When it comes to professional trademark investment, most companies and individuals register a large number of trademarks and sell them directly to other companies and individuals, because of the limitations of trademark resources (fewer good trademarks) and trademark registration. The time is too long, so there is room for investment. However, the restriction that the trademark may be revoked if it is not used for three years does bring great restrictions. For specialized trademark investors, other uses can easily be deemed to be invalid uses, and it will be more difficult to establish the fact of use.

Therefore, the best way for professional trademark investors is to quickly transfer the registered trademark within three years, because if it is used, it will also affect the value of the registered trademark itself. After three consecutive years, the registered trademark will be transferred. Use will put the ownership of the registered trademark in an unstable state, and buyers will not buy it. Under what circumstances can it not become a trademark?

(1) Only the common name, graphics, and model of the product

The common name, graphics, and model of the product are used by a certain industry* They are all recognized and used in the same way, and there are some unique characteristics that distinguish this product from other products. No one should have a monopoly. Using common names and graphics as trademarks may also harm the interests of other practitioners in the same industry and violate the principle of fair competition. Since these marks themselves do not have the function of distinguishing different operators, however, when the common names, graphics, and models of these goods are used by a certain operator as trademarks for their own goods, and through use, consumers are able to distinguish the goods with their marks. If it is distinguished from other goods of the same kind, it should be considered to have acquired distinctiveness and can be registered as a trademark. For example, "PDA" was originally a common name for handheld computers. When a manufacturer of a certain handheld computer uses it as a trademark for its own products, through use, it can be completely distinguished from "Business Communication" and "Celebrity Brand" of similar products. When it is distinguished from "Kuaiyitong", it can be considered to be identifiable and can be registered according to current laws. Of course, ?PDA? was registered at a time when the law at that time clearly prohibited the registration of common names of goods as trademarks. This was not because it had gained recognition through use, but entirely because the examination department of the trademark authority did not understand ?PDA? Caused by an "accident" over the common name of a handheld computer. It must be pointed out that even if such a trademark is registered, the trademark owner has no right to prohibit others from using the common name on similar goods, because it is inherently "public property."

(2) It is prohibited to directly use words and graphics that express the characteristics of the goods as trademarks that only directly indicate the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods.

, the reason is the same as the aforementioned prohibition on using the common name and graphics of this product as a trademark. It should be pointed out that what is prohibited by law is only signs that directly represent the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods, while signs that indirectly represent or imply certain characteristics of the goods are It is not prohibited because signs that indirectly express or imply certain features of goods may often be trademarks with distinctive features. Even if it is a mark that directly indicates the characteristics of the product, it can also acquire distinctive features through use. For example, the "Mengniu" trademark used for milk and other dairy products, although it directly indicates the raw materials and origin of the product, after a long period of time and large-scale use, Use, has achieved very significant characteristics and recognizability. Similar trademarks would have encountered many difficulties if they wanted to be registered before the Trademark Law was revised in 2001. However, according to the provisions of Article 11 of the revised Trademark Law, it is easier to obtain approval for registration.

(3) Lack of distinctive features

Trademarks should have distinctive features, which is a positive condition for applying for registered trademarks. If a mark lacks distinctive features and is not identifiable, it cannot be obtained. Registration, but after trial, a connection is established between the trademark and the goods, and it obtains distinctive features and is easy to identify, it can be registered.

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