A company in Shenyang applied for a registered trademark. What is the process to apply for a registered trademark now? How to register a trademark? Xiaobian brought it to you? Trademark registration? Related knowledge, which may be what you need.

What information is needed for trademark registration

To apply for trademark registration, an application for trademark registration and other documents shall be submitted to the Trademark Office. The specific requirements are as follows:

1. The applicant must submit an application for trademark registration according to the principle of one trademark for one kind of goods. That is to say, the goods or services reported in an application can only be limited to one category in the International Classification of Goods and Services for Trademark Registration. If a trademark agency organization is entrusted to handle it on its behalf, a copy of the Trademark Agency Power of Attorney shall also be submitted.

2. The Application for Trademark Registration should be filled in neatly, and the name and address of the applicant should be accurate.

3. Each application shall be accompanied by 1 colored trademarks with trademark patterns (specified colors), 1 colored patterns and 1 black-and-white ink manuscript).

4. if you produce a copy of the business license of the enterprise or provide a copy of the business license signed by the issuing authority and apply for a registered trademark in the name of a natural person, you should provide the corresponding identity documents.

5. The application documents shall be in Chinese, and the foreign language documents shall be accompanied by a Chinese translation.

6. If a portrait of a person is used as a trademark to apply for registration, the applicant must provide the power of attorney of the portrait owner and be notarized by a notary office.

7. If a foreign applicant claims priority, he/she must fill in the country of initial application, the date of initial application and the application number in the application form, and submit the certificate of priority to the Trademark Office within three months. If the certificate is not submitted within the time limit, it will be deemed that he/she has not claimed priority.

8. To apply for the registration of a collective trademark or a certification trademark, it is also necessary to provide corresponding articles of association and subject qualification certificates.

how to register a trademark?

1. Choose the registration method

One is to apply for registration in the Trademark Office of the State Administration for Industry and Commerce; The other is to entrust an experienced trademark agency to organize agency services.

Note: If you have no experience in registering trademarks and you don't understand relevant laws and regulations, you are advised to entrust an agency to help, which will save you a lot of time and energy. I have entrusted a similar organization to help me register before, and the commission fee ranges from 1 yuan to 3 yuan.

Inquiry

Before registering, you'd better find an authoritative inquiry company, because your trademark may be the same as or similar to other registrants, so the inquiry before registration can greatly reduce the risk of trademark registration and improve the certainty of trademark registration.

note: because different people are responsible for trademark inquiry and examination, they may have different opinions on the examination point of view, so the result of trademark inquiry cannot be regarded as the final legal basis.

2. Preparation materials

Prepare 1 pieces of trademark patterns (for colored trademarks with specified colors, 1 pieces of colored patterns should be submitted, and 1 piece of black-and-white ink draft), with the length and width not more than 1 cm and not less than 5 cm. If the direction of trademark patterns is unclear, the arrows should be used to indicate the upper and lower parts; If an individual applies, he/she needs to show his/her ID card and submit a copy, plus a copy of his/her business license, and the business scope is consistent with the registered trademark; If an enterprise applies, a copy of the Business License of the enterprise shall be presented and submitted; An application for trademark registration with the official seal of the unit.

3. Start to apply

4. Apply by category of goods and services

At present, goods and services are divided into 45 categories, including 34 categories of goods and 11 categories of services. When applying for registration, the categories of goods or services that use trademarks shall be determined according to the classification of goods and services classification table; Where the same applicant uses the same trademark on different categories of goods, he shall apply for registration according to different categories.

5. Determination of the date of application

This is the most important point: since the principle of prior application is adopted in trademark registration in China, once you have a trademark dispute with other enterprises, the enterprise with prior application date will be protected by law. Therefore, it is very important to establish the application date, which is based on the date when the Trademark Office receives the application.

there are three procedures: trademark examination, preliminary examination announcement and registration announcement. It should be emphasized that a trademark that has passed the preliminary examination by the Trademark Office can only be registered after three months of publication of the announcement, and the trademark is protected by law. The period of validity of a registered trademark is ten years, counting from the date of approval of registration. If it is necessary to continue to use the trademark after the expiration of the validity period, it may apply for trademark renewal registration.

6. Obtain a trademark registration certificate

After the trademark registration is completed, the Trademark Office issues a certificate to the registrant.

if it is organized through an agent, the agent sends the Trademark Registration Certificate to the registrant; In case of direct registration, the registrant should go to the Trademark Office to obtain the trademark certificate within three months after receiving the Notice of Obtaining the Trademark Registration Certificate, and at the same time, he should also bring: a letter of introduction to obtain the trademark registration certificate, the ID card and photocopy of the witness, the original copy of the business license and the photocopy stamped by the local industrial and commercial department, the notice of obtaining the trademark registration certificate, and the certificate of change issued by the industrial and commercial department if the name of the trademark registrant changes.

note: it usually takes about one year to three and a half years from the application to the issuance of a new trademark, in which the acceptance and formal examination of the application take about one month, the substantive examination takes about 24 to 3 months, the objection period is three months, and the approval announcement takes about two months to the issuance of the trademark.

how long is the trademark announcement time?

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. If no one raises an objection within three months or the objection is ruled invalid, the trademark will become effective and a registration certificate will be issued.

what is the process of trademark examination?

Trademark review includes formal review and substantive review. (1) trademark form review (3? 4 months), it is very important to establish the application date. Because the principle of prior application is adopted in trademark registration in China, once the application date occurs, it becomes the legal basis for determining the trademark right. The application date of trademark registration is subject to the date when the Trademark Office receives the application documents. The Trademark Office receives the trademark application and issues the acceptance notice for the application that meets the formal requirements. (2) Examination of the substance of a trademark (12 months). Examination of the substance of a trademark is a series of activities such as examination, data retrieval, analysis and comparison, investigation and study, and decision to give a preliminary examination or reject the application by the trademark registration authority. In the meantime, please don't mark the registration mark (such as? Registered trademark? , etc.), can be marked? TM? . In addition, before the registration is approved, it is not advisable to make too many products and packages with the trademark or trademark logos at one time to prevent unnecessary losses caused by the registration being blocked.

what are the ways to obtain trademark rights?

The acquisition of trademark rights can be divided into original acquisition and derivative acquisition. According to Article 3 of China's Trademark Law, the original acquisition of trademark rights should be handled in accordance with trademark registration procedures. The exclusive right of a trademark registrant to use a registered trademark shall be protected by law. Derivative acquisition should be handled according to the procedures of contract transfer and inheritance of registered trademarks.

the system established by China's trademark law for obtaining trademark rights is that trademarks are registered voluntarily, so in reality, some people apply for registration of trademarks, while others do not register their own trademarks. Thus, according to the law, there are two situations. One is that the registered trademark is registered, and the other is that the unregistered trademark is unregistered. Both of these trademarks exist legally, and the unregistered trademark cannot be prohibited from being used because it is unregistered.

trademark registration