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What is the detailed process of trademark registration in Foshan?

Foshan’s trademark registration also requires a process. What is the process of registering a trademark? The editor has brought you relevant knowledge about the “Foshan trademark registration process”, which may be what you need. of. Foshan registered trademark detailed 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 are the requirements for trademark registration in Foshan

First of all, Chinese applicants for trademark registration must be legally established enterprises, institutions, social groups, individual industrial and commercial households, and individual partnerships.

Secondly, the trademark applied for registration should meet the following conditions:

1. The trademark applied for registration must have legal constituent elements, that is, it must be text, graphics or a combination thereof, otherwise it cannot be used as a trademark.

2. The words, graphics or combinations used in the trademark should have distinctive features and be easy to identify. Among them, distinctiveness means that it should have its obvious characteristics.

3. The trademark applied for registration shall not use words or graphics prohibited by law.

4. The trademark applied for registration shall not be identical or similar to a registered trademark that has been revoked or canceled for less than one year. However, if you apply for registration of a trademark that is identical or similar to a registered trademark that has been canceled due to cessation of use for three consecutive years on the same or similar goods, you are not subject to this condition.

5. The trademark applied for registration shall not be identical or similar to a trademark that has been registered or preliminarily approved by others for the same or similar goods or services. Which trademarks in Foshan cannot be applied for registration

1. The trademark applied for registration should be distinctive and prohibited words and graphics are not allowed:

Article 9 of the "Trademark Law" stipulates:? The trademark applied for registration 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.

2. In addition to being distinctive, in accordance with Articles 10 and 11 of the Trademark Law, trademarks shall not use the following words and graphics:

(1) Same as in China If the name, national flag, national emblem, military flag, or medal of the People's Republic of China is the same as or similar to that of the People's Republic of China, 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, if such a name or figure is combined with a distinctive mark and applied for registration, it can be approved.

(7) Directly express the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods.

Words or graphics that directly represent the quality, main raw materials, functions, uses, weight, quantity and other characteristics of goods or services are descriptive words or graphics commonly used by operators on their goods or services. Graphics belong to the category of personal use and 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 text, graphics or combination of trademarks exaggerates the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods or services used, and is deceptive, it shall not be used as a trademark. . 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, public order, and 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.

3. Place name trademarks 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 one company to monopolize. Therefore, it is an international practice to prohibit place names from being used as trademarks.

4. 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.

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