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1. Registration preparation

1. Choice of registration method:

One is to go to the National Trademark Office to handle trademark registration matters yourself (China Trademark Law allows this Chinese citizens apply directly to the Trademark Office of the State Administration for Industry and Commerce for trademark registration). Another way is to entrust an experienced trademark agency organization to provide you with trademark agency services. This will save you a lot of time and energy. Of course, the other party will charge corresponding agency fees.

2. Inquiry on the prior registration rights of a trademark (not a required procedure):

Trademark inquiry refers to the trademark registration applicant or his agent’s inquiry before filing an application for registration. Check whether the trademark applied for is identical or similar to the previously owned trademark. It is worth noting that although trademark search is not a required procedure for registering a trademark (following the principle of voluntary search), this work can greatly reduce the risks of trademark registration and improve the certainty of trademark registration. During the query process, due to factors such as data processing and trademark application review periods, some previously applied trademarks cannot be entered into the database, so this part of the information cannot be retrieved. In addition, the trademark search and examination work is undertaken by different personnel, and the search personnel and different examiners may have different opinions on the examination. Therefore, the results of the trademark search cannot be regarded as a legal basis and have no legal effect. Therefore, before registering a trademark, it is very important to find a professional trademark search company or a trademark agency organization with complete trademark search conditions.

3. Preparation of trademark application materials:

1. If the application is made in the name of a natural person, you must present your ID card and submit a copy of your identity. If you are applying for registration with an enterprise as the applicant, you must present a copy of the enterprise's "Business License" and a copy of the "Business License" signed by the issuing authority. A completed trademark registration application form with the official seal of the unit and a personal signature.

2． The relevant name of the trademark and 10 trademark drawings (for a color trademark with a specified color, 10 colored drawings and 1 black and white ink drawing should be submitted). The trademark pattern provided must be clear and easy to paste. It must be on smooth and durable paper or replaced by a photo. The length and width must be no more than 10 cm and no less than 5 cm. If the direction of the trademark pattern is unclear, arrows should be used to indicate the top and bottom. When applying for a cigarette or cigar trademark, the image can be as large as the actual one used. (ps: If the trademark applied for registration is a portrait of a person, a notarized statement from the portrait owner agreeing to register the portrait as a trademark should be attached.)

3. Processing methods

There are two ways to apply for registration of a commodity trademark or service trademark:

(1) Entrust a nationally recognized trademark agency to handle the application.

(2) Applicants should go directly to the trademark registration hall of the Trademark Office to apply.

(Ps: If you go directly to the trademark registration hall, submit the ID card of the applicant and its copy, a copy of the business license, and present the original copy of the business license; if you cannot present the business license The original copy of the license, and the copy of the applicant's business license must be stamped with the applicant's seal. If a trademark agency is entrusted to handle the matter, a copy of the applicant's business license and a power of attorney for trademark agency shall be submitted.)

IV. Trademark review

Trademark review is a series of inspections, data retrieval, analysis and comparison, investigation and study by the trademark registration authority to determine whether a trademark registration application complies with the provisions of the Trademark Law, and a decision to give preliminary approval or reject the application. Activities. (Notification can be issued within about one month.)

5. Rejection and Rejection Review

Rejection means rejection of a trademark registration application, which means that a trademark that has not been preliminarily reviewed is rejected by the Trademark Office. Dismissed according to law. If the applied trademark does not meet the requirements for trademark registration upon review, such as being confused with someone else’s registered trademark or having no distinctive features, etc., the Trademark Office may make a decision to reject the application without approval in accordance with the law. This procedure is called rejecting the application. For a rejected trademark registration application, the Trademark Office generally issues a rejection notice to the applicant within a specified period, indicating the reasons for rejection, and returns the relevant application documents.

Rejection review refers to the legal process in which the Trademark Review and Adjudication Board conducts review and review and makes a final decision on the review application submitted by the trademark registration applicant because he is dissatisfied with the Trademark Office's decision to reject the application. In order to ensure that the legal rights of the parties are not infringed, my country’s Trademark Law stipulates a two-level final review system. If the applicant has no objection to the Trademark Office’s decision to reject the application, the Trademark Office’s decision shall be final. If the applicant is dissatisfied with the Trademark Office's rejection decision, he or she may apply to the National Trademark Review and Adjudication Board for review within 15 days of receiving the rejection notice. If the Trademark Review and Adjudication Board deems the application admissible after formal examination, it will conduct an examination in accordance with the relevant provisions of the law, and make a final decision based on the opinions of more than half of the members in accordance with the principle of majority submission. If the grounds for reexamination are established and should be reviewed and approved, the Trademark Office's original motion to reject the application will be revoked and handed over to the Trademark Office for preliminary review and announcement; if the grounds for reexamination cannot be established, a final decision will be made to uphold the original motion to reject the application and then be rejected. The final decision will have legal effect once it is made, and the parties must implement it.

VI. Preliminary Examination Announcement

Trademark approval refers to the decision to allow registration of a trademark registration application that complies with the relevant provisions of the Trademark Law after examination. And be announced in the "Trademark Announcement". If no one raises any objection to a preliminary approval trademark within three months from the date of publication of the preliminary approval announcement, the trademark will be registered and a registration announcement will be published at the same time.

7. Registration Announcement

Trademark registration is a trademark legal procedure. The trademark registration applicant submits an application, and after review by the Trademark Office, a preliminary review and announcement will be made. If no one raises an objection within three months or the objection is ruled to be invalid, the trademark will be registered and effective, protected by law, and the trademark registrant will enjoy the trademark. exclusive rights. It takes about one to one and a half years from application to approval of registration for a trademark. Validity Period of a Registered Trademark A registered trademark is valid for ten years, starting from the date of approval of registration. If the registered trademark expires and you need to continue to use it, you can apply for trademark renewal registration.

8. Receive the Trademark Registration Certificate

Through an agent, the agent will send the "Trademark Registration Certificate" to the trademark registrant.

To apply for trademark registration directly, the trademark registrant should go to the Trademark Office to obtain the certificate within three months after receiving the "Notice of Obtaining the Trademark Registration Certificate". At the same time, he should also bring:

(1) Letter of introduction for obtaining the trademark registration certificate;

(2) Identity card and copy of the licensee;

(3) Original copy of business license, the copy should be stamped with the local Seal stamp of the industrial and commercial department;

(4) Notice of receiving the trademark registration certificate;

(5) If the name of the trademark registrant is changed, a change certificate issued by the working department must be attached.

Above.