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What are the procedures for trademark registration?

1. Registration preparation 1. Choice of registration method: One is to go to the State Trademark Office to handle trademark registration matters yourself (China’s Trademark Law allows citizens to apply for trademark registration directly to the Trademark Office of the State Administration for Industry and Commerce. ). 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 of previously registered trademark rights: Trademark inquiry refers to the inquiry of whether the trademark applied for by a trademark registration applicant or his agent is identical or similar to the previously registered trademark before filing an application for registration. 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 you are applying 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 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) 10 trademark drawings (for color trademarks of specified colors, 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 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. 2. Application for registration 1. Only individuals or groups meeting the following conditions can apply for trademarks in my country: Applicants for trademark registration must be: legally established enterprises, institutions, social groups, individual industrial and commercial individuals, individual partnerships or contracts with China Foreigners or foreign enterprises from countries that have reached an agreement or participated in international treaties with the Chinese Communist Party or are subject to the principle of reciprocity. If they meet the above conditions and need to obtain exclusive rights to trademarks, they must apply for trademark registration to the Trademark Office on a voluntary basis (2001 Starting from November 1, 2020, my country’s Trademark Office will begin accepting applications for registered trademarks from natural persons). 2. File an application according to the classification of goods and services: At present, my country's trademark law implements the International Classification of Goods, which divides more than 10,000 kinds of goods and services into 45 categories, including 34 categories of goods and 11 service items. kind. When applying for trademark registration, the class of goods or services for which the trademark is used should be determined according to the classification of the goods and services classification table. If the same applicant uses the same trademark on different classes of goods, he should file registration applications in different classes according to the goods classification. This can avoid The unfair expansion of the scope of application of trademark rights is also conducive to the approval of examiners and the protection of trademark exclusive rights. 3. Determination of trademark application date: It is very important to establish the application date. Since my country’s trademark registration adopts the first-to-file principle, once an application occurs The order of days becomes the legal basis for determining trademark rights. The application date for trademark registration shall be based on the date when the Trademark Office receives the application documents (the smallest unit of date is day). 3. Trademark review Trademark review is the review of trademark registration by the trademark registration authority. A series of activities are carried out to check whether the application complies with the provisions of the Trademark Law, data retrieval, analysis and comparison, investigation and research, and a decision to give preliminary approval or reject the application. 4. The approval of a trademark announced in the preliminary examination refers to the review of the trademark registration application. A decision to allow registration if it complies with the relevant provisions of the Trademark Law. 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. 5. 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 approval is announced. If no one raises an objection or the objection is ruled to be invalid, the trademark will be registered and effective, protected by law, and the trademark registrant shall have the exclusive right to the trademark. It takes about one to one and a half years from application to approval of registration for a trademark. The validity period of a registered trademark is 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. 6. If you receive the trademark registration certificate through an agent, the agent will send the "Trademark Registration Certificate" to the trademark registrant. If trademark registration is handled directly, the trademark registrant should go to the Trademark Office to obtain the trademark registration certificate 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 of the person who received the trademark registration certificate. and a copy; (3) Original copy of the business license, the copy should be stamped with the seal of the local industrial and commercial department; (4) Notice of receipt of the trademark registration certificate; (5) If the name of the trademark registrant is changed, a change issued by the working department must be attached prove.

Legal Basis

Article 14 of the "Regulations on the Implementation of the Trademark Law of the People's Republic of China" When applying for trademark registration, the applicant shall submit his or her identity document. The name of the trademark registration applicant shall be consistent with the supporting documents submitted.