the choice of registration method: one is to go to the State Trademark Office to handle trademark registration. Another way is to entrust an experienced trademark agency organization or lawyer to provide trademark agency services. This will save a lot of time and energy, of course, the other party will charge the corresponding agency fee.
Inquiring about the prior registration right of a trademark: Trademark inquiry refers to the inquiry about whether the trademark applied for by an applicant for trademark registration or his agent is the same as or similar to the trademark with prior rights before filing an application for registration. It is worth noting that although trademark inquiry is not a necessary procedure for registered trademarks (following the principle of voluntary inquiry), this work can greatly reduce the risk of trademark registration and improve the certainty of trademark registration. In the process of inquiry, due to the influence of data processing and trademark application review period, some previously applied trademarks cannot enter the database, so it is impossible to query and retrieve this part of information. In addition, the trademark inquiry and examination work is undertaken by different personnel, and the inquiry personnel and different examiners may have different opinions on the examination point of view. Therefore, the result of trademark inquiry cannot be used as a legal basis and has no legal effect.
preparation of trademark application materials: (1) if you apply in the name of a natural person, you need to show your ID card and submit a copy of your identity. If you apply for registration with an enterprise as the applicant, you need to show a copy of the business license of the enterprise and provide a copy of the business license signed by the issuing authority. A complete application for trademark registration stamped with the official seal of the unit and personal signature. (2) 6 trademark designs (6 colored designs and 1 black-and-white ink draft for color trademarks with specified colors). The trademark pattern provided must be clear and easy to paste, and be replaced by bright and durable paper or photos, with the length and width not more than 1 cm and less than 5 cm. Where the direction of the trademark pattern is unclear, the arrow shall be used to indicate the top and bottom. When applying for the trademark of cigarettes and cigars, the design can be as large as the actual use. (3) Prepare the corresponding registration fee: registered trademark fee: 1 yuan.
2. Application for registration: 1. Only individuals or groups who meet the following conditions can apply for trademark registration in China: applicants for trademark registration must be enterprises, institutions, social organizations, individual businessmen, individuals, foreigners or foreign enterprises in countries that have signed agreements with China or participated in international treaties with China or handled them on the principle of reciprocity. They meet the above conditions. When the exclusive right to use a trademark is required, they shall, on a voluntary basis. 2. Apply according to the classification of goods and services: At present, China's trademark law implements the international classification of goods, which divides more than 1, kinds of goods and services into 45 categories, including 34 categories of goods and 11 categories of services. When applying for trademark registration, the categories of goods or services using the trademark should be determined according to the classification of goods and services. If the same applicant uses the same trademark on different categories of goods, he should apply for registration in different categories according to the classification of goods, which can avoid the improper expansion of the scope of application of trademark rights, and is also conducive to the approval of examiners and the protection of trademark exclusive rights. As China's trademark registration adopts the principle of prior application, once the application date has become the legal basis for determining the trademark right, the application date of trademark registration shall be based on the date when the Trademark Office receives the application documents (the smallest unit of date is' date').
III. Trademark review: Trademark review refers to a series of activities such as inspection, data retrieval, analysis and comparison, investigation and study conducted by the trademark registration authority to determine whether the application for trademark registration complies with the provisions of the Trademark Law, and to decide whether to give a preliminary examination or reject the application.
announcement of preliminary examination: the examination and approval of a trademark refers to the decision to allow the registration of a trademark that meets the relevant provisions of the Trademark Law after examination. And make an announcement in the Trademark Announcement. If no one raises any objection within three months from the date of publication of the preliminary examination and approval announcement, the trademark shall be registered and a registration announcement shall be published at the same time.
v. announcement of registration: trademark registration is a trademark legal procedure. An application filed by an applicant for trademark registration shall be preliminarily examined and approved by the Trademark Office. If no objection is raised within three months or the objection is ruled invalid, the trademark shall become effective and protected by law, and the trademark registrant shall enjoy the exclusive right to use the trademark. It takes about one year to one and a half years for a trademark to be registered. The term of validity of a registered trademark is ten years, counting from the date of approval of registration. If the registered trademark expires and needs to be used continuously, it may apply for renewal of registration.
VI. Obtaining the Trademark Registration Certificate: The agent sends the Trademark Registration Certificate to the trademark registrant through the agent. For trademark registration directly, the trademark registrant shall go to the Trademark Office to obtain the certificate within three months after receiving the Notice of Obtaining the Trademark Registration Certificate, and shall also carry: (1) a letter of introduction for obtaining the trademark registration certificate; (2) The ID card and photocopy of the witness; (three) the original copy of the business license, which should be stamped with the stamp of the local industrial and commercial department; (4) Notice of obtaining the trademark registration certificate; (5) If the name of a trademark registrant changes, a certificate of change issued by the working department shall be attached. In addition: application time for trademark registration: it usually takes about two months for a new trademark to be applied for and issued, including one month for application acceptance and formal examination, one year for substantive examination, three months for objection, and two months for approval announcement and issuance.