What are the procedures for applying for a registered trademark in 216? How to apply for a registered trademark nowadays? Xiaobian brought it to you? Trademark registration? Related knowledge, which may be what you need.
what are the conditions for applying for trademark registration
according to the provisions of China's trademark law, not all trademarks can be registered, and only those that meet the requirements stipulated in the trademark law can be registered. The conditions are as follows:
1. Any visible sign that can distinguish the goods of natural persons, legal persons or other organizations from those of others, including words, graphics, letters, numbers, three-dimensional signs and color combinations, and the combination of the above elements, can apply for registration as a trademark.
2. The trademark applied for registration must be distinctive and easy to identify. The trademark applied for registration shall have distinctive features and be easy to identify, and shall not conflict with the legal rights previously obtained by others. The distinctive features mentioned in the law mean that a trademark should have obvious characteristics, which makes it easy for consumers to identify and distinguish it from other commodities.
3. A trademark applying for registration shall not use words or graphics prohibited by law. There are many words and figures prohibited by law, but those who can meet the above conditions of 1 and 2 and do not violate social morality and national citizen image can basically be registered.
trademark registration process
trademark registration process I. formal examination
if the application procedures are complete and the application documents are filled in according to the regulations, the Trademark Office will issue a notice of acceptance.
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 meet the requirements, but need to be corrected, the Trademark Office will issue a notice of correction of the application for trademark registration. If the applicant makes corrections within the time limit and returns them to the Trademark Office, the date of application shall be kept; If no correction is made or the correction is made within 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 ii. substantive examination
a trademark application enters substantive examination after passing formal examination. After substantive examination, the Trademark Office shall preliminarily examine and approve any trademark application that meets the relevant provisions of the Trademark Law and make an announcement.
if the application is rejected, a notice of rejection shall be issued to the applicant.
if the trademark office thinks that the contents of the application for trademark registration can be amended, it will issue a review opinion. If the applicant gives a reply within the time limit, the Trademark Office will continue the examination.
the trademark that has been preliminarily approved after examination shall be announced by the China Trademark Office in the Trademark Announcement.
within three months from the date of announcement, anyone can raise an objection to the trademark preliminarily approved by China Trademark Office.
if there is no objection or the objection is not established after ruling, the Chinese Trademark Office will approve the registration, issue a trademark registration certificate and make an announcement in the Trademark Announcement; If the objection is established by ruling, the registration shall not be approved.
request for reexamination
in the process of trademark registration, if the applicant is not satisfied with the rejection of the trademark registration application by the Trademark Office, he may request reexamination from the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board will make a final decision on whether to approve or not to register, and notify the applicant in writing. If the party concerned refuses to accept the objection ruling of the Trademark Office, he may request a reexamination to the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board will make a final decision and notify the parties in writing.
Can I write TM when applying for a trademark
According to the revised Detailed Rules for the Implementation of the Trademark Law, there are only three ways to mark a registered trademark, that is, to add a note after the registered trademark:
1. Registered trademark? Four Chinese characters;
2、? Note? Word, note a circle outside the word;
3、? R? Add a circle outside r. In addition, any other labeling methods are not in compliance with the law. ? Note? It is a Chinese character, which is obviously not as popular as (r) all over the world, so we suggest that (r) is the best mark.
TM is the abbreviation of TRADEMARK. American trademarks are usually marked with TM, which does not necessarily refer to registered trademarks. R is the abbreviation of REGISTER, which means registered trademark when used in trademarks. According to the implementation regulations of China's Trademark Law, the use of registered trademarks can be marked on commodities, commodity packages, manuals or other attachments? Registered trademark? Or a registration mark. The use of registration marks shall be marked in the upper right corner or the lower right corner of the trademark. Therefore, TM and R are trademarks of different countries, and there is no special relationship. Some domestic companies do not understand the legal provisions and blindly imitate American companies and use TM marks on trademarks. The trademark being applied for can be written TM, but it is generally not recommended to write TM, because this invisibly shows that the trademark you are using has not been registered successfully and is a new brand.
Trademark application is a time-consuming matter. First, choose a LOGO you like and make a simple query to reduce the registration risk.
Can I apply for a trademark for a commodity name?
It depends on the specific situation. The name of a commodity refers to the name of a commodity used to distinguish it from other commodities. Commodity names can be divided into general names and specific names.
the generic name of a commodity refers to the generic name of a commodity that is well known to the public, such as TV sets, computers, tables and clothes? Wait a minute. Generic names only refer to the names of the same kind of goods and cannot be used to distinguish different goods of the same kind. Therefore, the common name of a commodity cannot apply for trademark registration.
The specific names of commodities refer to the names of specific commodities, such as rice wine, Maotai liquor, 21 jinweita and so on. A specific name of a commodity can be registered as a trademark without violating the provisions of the law.
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