The necessary procedures include five stages: application, formal examination, substantive examination, preliminary examination announcement and registration.
Stage 1: After preparing the application documents and submitting them to the expired Trademark Office, you can get the receipt of the list submitted by the Trademark Office on the same day. The receipt of the list has the trademark office passing through the center? Received? The seal and the date of receipt prove that the Trademark Office has received the relevant application documents. Generally, you can't give the original receipt of the list to the customer, but only a copy, because the original receipt of the list is used by the agency to reconcile accounts with the Trademark Office.
the second stage: the Notice of Acceptance will be issued within 1-3 months from the date when the Trademark Office receives the application documents. Receiving the Notice of Acceptance will prove that the application documents have passed the formal examination of the Trademark Office and entered the substantive examination stage. There is an application number on the acceptance notice of each trademark application, and the substantive examination must be carried out in sequence, and under no circumstances can it be advanced.
the third stage: after accepting the notice, it takes about one year to one and a half years to complete the substantive examination, and if it passes the substantive examination, the Trademark Office will issue a preliminary examination and approval announcement for a period of three months.
the fourth stage: if no objection is raised after the expiration of the preliminary examination and approval announcement, the Trademark Office will issue a registration announcement, which will prove that the trademark has been approved and the trademark applicant has obtained the exclusive right to use the trademark.
stage 5: the trademark registration certificate can be obtained in about one month from the date of publication of the registration announcement.
How long does it take for each stage
trademark inquiry (within 2 days)? Preparation of application documents (within 3 days)? Submit an application (within 2 days)? Pay the trademark registration fee? Trademark form review (1 month)? Issue a notice of trademark acceptance? Trademark substantive examination (12 months)? Trademark announcement (3 months)? What are the ways to issue trademark certificates and apply for trademark registration
If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for the goods or services it produces, manufactures, processes, selects or distributes, it shall file an application for trademark registration with the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) according to law.
There are three ways to apply for the registration of a commodity trademark or a service trademark:
(1) Entrust a trademark agency recognized by the state to handle it.
(2) The applicant shall go directly to the trademark registration hall of the Trademark Office to handle it.
(3) online application.
foreigners or foreign enterprises must entrust a trademark agency to handle trademark registration in China, except for foreigners or foreign enterprises who have their habitual residence or business office in China. What preparations should be made before applying for trademark registration?
1. Inquiring about the prior registration right of a trademark:
Inquiring refers to inquiring whether the trademark applied for by the trademark registration applicant or his agent is the same as or similar to the prior registration right trademark before applying for registration. It is worth noting that although trademark inquiry is not a necessary procedure for registered trademarks (following the principle of voluntary inquiry), this work can greatly reduce the risk of trademark registration and improve the certainty of trademark registration. In the process of inquiry, due to the influence of data processing and trademark application review period, some previously applied trademarks cannot enter the database, so it is impossible to query and retrieve this part of information. In addition, the trademark inquiry and examination work is undertaken by different personnel, and the inquiry personnel and different examiners may have different opinions on the examination point of view. Therefore, the result of trademark inquiry cannot be used as a legal basis and has no legal effect. Therefore, it is very important to find a professional trademark inquiry company or a trademark agency organization with perfect trademark inquiry conditions before registering a trademark.
2. Preparation of trademark application materials:
(1) If you apply in the name of a natural person, you need to show your ID card and submit a copy of the business license of individual industrial and commercial households, individual partnerships and other business entities. If you apply for registration with an enterprise as the applicant, you need to show a copy of the business license of the enterprise and provide a copy of the business license signed by the issuing authority. A complete application for trademark registration stamped with the official seal of the unit and personal signature.
(2) 1 trademark designs (for colored trademarks with specified colors, 1 colored designs and 1 black-and-white ink draft should be submitted). The trademark pattern provided must be clear and easy to paste, and be replaced by bright and durable paper or photos, with the length and width not more than 1 cm and less than 5 cm. Where the direction of the trademark pattern is unclear, the arrow shall be used to indicate the top and bottom. When applying for the trademark of cigarettes and cigars, the design can be as large as the actual use. Which signs can't be used as trademarks
The following signs can't be used as trademarks:
(1) They are the same as or similar to the national name, national flag, national emblem, military flag and medal of the People's Republic of China, and the same as the names of specific places where the central state organs are located or the names and graphics of landmark buildings;
(2) identical with or similar to a foreign country's name, national flag, national emblem or military flag, unless it is approved by the government of that country;
(3) identical with or similar to the name, flag and emblem of an intergovernmental international organization, except with the consent of the organization or not easily misleading the public;
(4) identical with or similar to the official marks and inspection marks indicating the implementation of control and guarantee, unless authorized;
(5) same? Red Cross? 、? Red Crescent? The name and logo are the same or similar;
(6) ethnic discrimination;
(7) exaggerated propaganda and deceptive;
(8) It is harmful to socialist morality or has other adverse effects;
(9) Geographical indications: Trademarks use geographical indications, but they are not illegal from the region.
the names of administrative divisions at or above the county level or foreign names known to the public shall not be used as trademarks. What is the content of the trademark announcement?
after substantive examination, the Trademark Office will give preliminary examination and registration to the trademark application that conforms to the relevant provisions of the Trademark Law, and make preliminary examination and registration numbers for the preliminarily examined and registered trademarks, establish examination and retrieval cards, fill in the preliminary examination papers and publish them in the Trademark Announcement. This announcement is called the preliminary examination announcement. An applicant whose trademark has been preliminarily examined and approved can get a Trademark Announcement for free as the applicant's notice. The basic contents of trademark announcement include the following aspects:
1. Preliminary examination and approval of trademark announcement. Print the preliminary examination and approval number, application date, trademark, commodity used, category, applicant and applicant's address.
2. announcement of registered trademarks. Print the registration number, trademark, category, registrant, and exclusive period of trademark.
3. Announcement of renewal of registration. Print the registration number, trademark, category, registrant, and exclusive period of trademark.
4. announcement of change of registered trademark. Print the registration number, trademark, original registrant and changed name.
5. Transfer, cancellation, trademark license contract and other matters.
the above is the Shenzhen company trademark registration process provided by xiaobian. I hope you can enjoy it! Company trademark trademark registration