Guide to 69 Frequently Asked Questions about Trademark Registration Applications

1. Processing methods, application documents, fees, etc. for trademark registration applications

1. Processing trademarks Introduction to application methods

There are two ways for domestic applicants to apply for trademark registration or handle other trademark matters: one is to handle it by themselves; the other is to entrust a trademark agency registered with the State Intellectual Property Office to handle it. If you wish to apply for trademark registration by yourself, you can submit a trademark registration application online through the online service system. For details on the submission method, please see the "China Trademark Network > Online Application" column. The website of the trademark online service system is: ipa.gov.cn/wssq/; you can also go to the National Intellectual Property Office The registration hall of the Trademark Office of the Trademark Office, the Office of the Trademark Office in the Zhongguancun National Independent Innovation Demonstration Zone, the Trademark Examination Collaboration Center established by the Trademark Office outside Beijing, or the trademark acceptance window established by the local market supervision department or intellectual property department entrusted by the Trademark Office.

Foreigners or foreign enterprises who apply for trademark registration and handle other trademark matters in China should entrust a trademark agency established in accordance with the law to handle the matter, except for foreigners or foreign enterprises with regular residence or business offices in China. .

Applicants from Hong Kong, Macau and Taiwan shall follow the procedures for foreign-related applicants.

2. Is there any difference between handling it by yourself and entrusting a trademark agency to handle it? Which way is faster?

There is no difference in the review of trademark registration applications between the two methods. The main difference is the slight difference in the way of contact, documents submitted, document submission and delivery methods.

In terms of the method of contact, if you handle it yourself, the applicant will have direct contact with the State Intellectual Property Office during the handling process; if you entrust a trademark agency to handle it, the applicant will contact the trademark agency during the handling process. Contact the State Intellectual Property Office, but not directly the State Intellectual Property Office.

In terms of documents to be submitted, if the applicant handles the matter by himself/herself, the applicant shall submit the relevant documents as required; if the applicant entrusts a trademark agency to handle the matter, the applicant shall also submit an authorization to entrust the trademark agency to handle the trademark registration matter. Power of attorney.

In terms of document submission method, if the applicant handles it by himself, the applicant or the person in charge shall submit the application documents directly to the Trademark Registration Hall of the Trademark Office of the State Intellectual Property Office (you can also go to the Trademark Office in Zhongguancun) Independent Innovation Demonstration Zone Office, the Trademark Examination Collaboration Center established by the Trademark Office outside Beijing, or the Trademark Acceptance Window set up by the local market supervision department or intellectual property department entrusted by the Trademark Office), applicants can also submit through the online application system; agency Application documents can be submitted to the State Intellectual Property Office directly, by mail, or through a courier company, or through the online application system.

In terms of the method of document service, if the applicant handles it by himself, various documents from the State Intellectual Property Office will be served to the party; if a trademark agency is entrusted to handle it, the documents will be served to the trademark agency.

3. What is the process of applying directly at the trademark registration hall? When will I get the trademark registration application acceptance notice after applying?

The staff of the Trademark Registration Hall will first review the application documents. If the application procedures are incomplete, the application documents are not filled in in accordance with the regulations, or the fees are not paid, the application documents will be returned on the spot; if the regulations are basically complied with, the application documents will be accepted and the applicant will pay the fees on the spot. The State Intellectual Property Office will then conduct further review of the application documents.

If the application passes further review, the State Intellectual Property Office will accept the application, and the "Trademark Registration Application Acceptance Notice" will be sent to the applicant by mail.

If after further review it basically complies with the regulations, but needs to be supplemented and corrected, the State Intellectual Property Office will notify the applicant to make supplements and corrections. The applicant should make corrections according to the specified content and return it to the State Intellectual Property Office within 30 days from the date of receipt of the notification. If the application is corrected and returned within the prescribed time limit, the application date will be retained; if the application is not corrected within the time limit or is not made as required, the State Intellectual Property Office will not accept the application. The "Notice of Supplement and Correction of Trademark Registration Application", "Notice of Acceptance of Trademark Registration Application" and "Notice of Unacceptance of Trademark Registration Application" are all delivered to the applicant by mail.

4. What is the process of applying directly at the trademark acceptance window? When will I get the trademark registration application acceptance notice after applying?

Applicants submit trademark registration applications through online application at the trademark acceptance window. Staff at the trademark acceptance window will first review the application documents.

If the regulations are basically met, the application documents will be received through the online service system, and the applicant will pay the fees on the spot. The State Intellectual Property Office will then conduct further review of the application documents.

If the application is qualified after further review, the State Intellectual Property Office will accept it, and the "Trademark Registration Application Acceptance Notice" will be delivered to the applicant electronically, and the applicant can check it through the email address filled in when applying.

If after further review it basically complies with the regulations, but needs to be supplemented and corrected, the State Intellectual Property Office will notify the applicant to make supplements and corrections. Applicants should make corrections online through the online service system according to the specified content within 30 days from the date of receipt of the notification. If the application is corrected and returned within the prescribed time limit, the application date will be retained; if the application is not corrected or corrected as required by the time limit, the State Intellectual Property Office will not accept the application. The "Notice of Supplement and Correction of Trademark Registration Application", "Notice of Acceptance of Trademark Registration Application" and "Notice of Unacceptance of Trademark Registration Application" are delivered to the applicant electronically, and the applicant can check it through the email address filled in when applying.

5. What is the process of entrusting a trademark agency to handle the matter? When will I get the trademark registration application acceptance notice after applying?

After receiving the application documents submitted by the trademark agency, the State Intellectual Property Office will review the application documents. If the trademark registration application procedures are complete and the application documents are filled in and fees are paid in accordance with regulations, the State Intellectual Property Office will accept the application; if the application procedures are incomplete, the application documents are not filled in in accordance with regulations, or the fees are not paid, the Trademark Office will not accept the application. If the application procedures are basically complete or the application documents basically comply with the regulations, but if they need to be supplemented or corrected, the State Intellectual Property Office will notify the applicant to make supplements and corrections, and the applicant shall make corrections according to the specified content and return them to the State Intellectual Property Office within 30 days from the date of receipt of the notification. If the application is corrected and returned within the prescribed time limit, the application date will be retained; if the application is not corrected or corrected as required by the time limit, the State Intellectual Property Office will not accept the application.

The "Notice of Acceptance of Trademark Registration Application", "Notice of Supplement and Correction of Trademark Registration Application" and "Notice of Unacceptance of Trademark Registration Application" will be sent to the trademark agency.

6. Requirements and necessary documents for domestic natural persons to apply for trademark registration by themselves

When domestic natural persons directly apply for trademark registration, they should submit the following documents: Fill in the printed "Trademark Registration" in accordance with the regulations "Application Form" with the applicant's signature, trademark pattern, copy of the individual industrial and commercial household's business license, and copy of the ID card. For specific requirements on trademark registration applications and trademark drawings, please check the "China Trademark Network>Trademark Application>Application Guide" column.

Domestic natural persons should submit the following documents when directly applying for trademark registration: a printed "Trademark Registration Application" filled out in accordance with regulations and signed by the applicant, a trademark drawing, a copy of the business license of an individual industrial and commercial household, and an ID card a copy. For specific requirements on trademark registration applications and trademark drawings, please check the column "China Trademark Network>Trademark Application>Application Guide".

Domestic natural persons who meet the above conditions can submit applications through the trademark online application system by themselves after registering as users of the trademark online application system. For specific procedures, please check the “China Trademark Network>Online Application” column.

When the same applicant applies for registration of multiple trademarks at the same time, he only needs to provide a copy of his ID card, a copy of the business license of an individual industrial and commercial household, or a copy of the contract contract.

7. Necessary documents for domestic legal persons or other organizations to apply for trademark registration on their own

When domestic legal persons or other organizations directly apply for trademark registration, they should submit the following documents: Fill in and print out in accordance with regulations The "Application for Trademark Registration" shall be affixed with the applicant's official seal, trademark drawing, and a copy of the identity document. For specific requirements for submitting an application, please check the column "China Trademark Network>Trademark Application>Application Guide".

After registering as a user of the online trademark application system, domestic legal persons or other organizations can submit applications through the online trademark application system. For specific procedures, please check the “China Trademark Network>Online Application” column.

When the same applicant applies for registration of multiple trademarks at the same time, he only needs to provide a copy of his identity document (such as a copy of his business license).

8. What are the identity documents required for domestic legal persons or other organizations to apply for trademark registration? ?

If the applicant is a domestic legal person or other organization, he or she should use an identity document marked with a unified social credit code.

Enterprises should generally submit a business license, while non-enterprises can submit identification certificates such as "Public Institution Legal Person Certificate", "Social Group Legal Person Registration Certificate", "Private Non-Enterprise Unit Registration Certificate", "Foundation Legal Person Registration Certificate", "Law Firm Practice License" document.

Note that journal certificates, school licenses, health licenses, etc. cannot be used as identity documents for applicants.

9. We are the representative office of a company in Beijing. Can we apply for trademark registration?

Representative offices and offices cannot apply for trademark registration in their own names.

10. Requirements and necessary documents for foreigners to apply for trademark registration by themselves

Foreigners should entrust a legally established trademark agency to handle trademark applications. Foreigners who have a habitual residence in China can apply for it on their own. If you go directly to the trademark registration hall, you should submit the following documents: a printed "Trademark Registration Application" filled out in accordance with the regulations and signed by the applicant, a trademark drawing, a copy of the applicant's identity document, and a "Foreigner Permanent Registration Form" issued by the public security department. Residence Permit" or a copy of the "Foreigner's Residence Permit" valid for more than one year. For specific requirements on trademark registration applications and trademark drawings, please check the column "China Trademark Network>Trademark Application>Application Guide".

Foreigners with habitual residence in China can also submit applications through the trademark online application system. For specific procedures, please check the “China Trademark Network>Online Application” column.

11. We are a foreign company. Can we apply for trademark registration by ourselves?

Foreign enterprises that do not have a business office in China should entrust a legally established trademark agency to apply for trademark registration and handle other trademark matters in China. Note: A wholly-owned branch established by a foreign enterprise in China according to law is a Chinese enterprise, not its business office in China.

12. We are a Hong Kong (Macau/Taiwan) company. Can we apply for trademark registration by ourselves?

Enterprises in Hong Kong, Macau and Taiwan that have no business offices in the mainland should entrust a legally established trademark agency to handle trademark registration and other trademark matters in the mainland. Note: Wholly-owned branches established by Hong Kong, Macau and Taiwan enterprises in the mainland according to law are mainland enterprises, not their business offices in the mainland.

13. Requirements and necessary documents for Hong Kong, Macao and Taiwan residents to directly apply for trademark registration

Hong Kong, Macao and Taiwan residents should entrust a legally established trademark agency to handle trademark applications. Residents of Hong Kong, Macao and Taiwan who hold a "Mainland Travel Permit for Hong Kong and Macao Residents", a Mainland Travel Permit for Taiwan Residents or a "Residence Permit for Hong Kong, Macao and Taiwan Residents" that are valid (more than one year) can apply for it on their own. If you go directly to the Trademark Registration Hall of the Trademark Office, you should submit the following documents: a printed "Trademark Registration Application" filled out in accordance with the regulations and signed by the applicant, a trademark drawing, a copy of the applicant's identity document, a pass or a copy of the residence permit . For specific requirements on trademark registration applications and trademark drawings, please check the column "China Trademark Network>Trademark Application>Application Guide".

Residents of Hong Kong, Macao and Taiwan who meet the conditions for self-application can also submit applications through the trademark online application system. For specific procedures, please check the “China Trademark Network>Online Application” column.

14.What is a collective trademark? What documents need to be submitted?

A collective trademark refers to a mark registered in the name of a group, association or other organization for use by members of the organization in commercial activities to indicate the user's membership in the organization.

When applying for collective trademark registration directly, in addition to submitting the "Trademark Registration Application" filled out and printed in accordance with the regulations and stamped with the applicant's official seal, trademark pattern, and a copy of the identity document (confirmed by the applicant's seal ), the collective trademark use management rules, the list of collective members, etc. should also be submitted. For specific requirements for submitting an application, please check the column "China Trademark Network>Trademark Application>Application Guide".

15. What is a certification mark? What documents need to be submitted?

A certification mark refers to a mark that is controlled by an organization with the ability to supervise certain goods or services and is used by units or individuals other than the organization to certify the goods or services. Origin, raw materials, manufacturing methods, quality or other indications of specific qualities.

When applying for certification trademark registration directly, in addition to submitting the "Trademark Registration Application" filled out and printed in accordance with the regulations and stamped with the applicant's official seal, trademark pattern, and a copy of the identity document (confirmed by the applicant's seal ), it should also submit the management rules for the use of certification trademarks, and should explain in detail the professional and technical personnel, professional testing equipment, etc. it has or the organization it entrusts has, to show that it has the ability to supervise the specific goods certified by the certification trademark. Quality capabilities. For specific requirements for submitting an application, please check the column "China Trademark Network>Trademark Application>Application Guide".

16.What is a geographical indication? What documents need to be submitted?

Geographical indications are signs that indicate that a product originates from a certain region, and that the specific quality, reputation or other characteristics of the product are mainly determined by the natural or human factors of the region.

Geographical indications can be registered as certification marks or collective marks. For specific requirements for submitting an application, please check the column "China Trademark Network>Trademark Application>Application Guide".

17. Can I apply for registration of the "***" trademark?

Any mark that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numbers, three-dimensional signs, color combinations and sounds, etc., as well as combinations of the above elements , can be applied for registration as trademarks. Applicants should determine the trademarks that need to be registered based on their actual circumstances. For specific requirements for submitting an application, please check the column "China Trademark Network>Trademark Application>Application Guide".

The trademark applied for registration should have distinctive features and be easy to identify, and should not conflict with the legal rights previously obtained by others. If a trademark applied for registration does not comply with the relevant provisions of the Trademark Law or is identical or similar to a trademark that has been registered or preliminarily approved by others on the same or similar goods, the Trademark Office will reject the application and will not publish it. Applicants can check relevant regulations such as the Trademark Law, Trademark Law Implementation Regulations, and Trademark Examination and Trial Standards on the China Trademark Online.

18. When should I pay the fee for trademark registration? Do I need to pay any other fees when receiving the registration certificate?

Trademark registration fees should be paid at the same time as the registration application is submitted. No other fees are required when receiving the registration certificate. For the amount and method of payment of trademark registration fees, please check the column "China Trademark Network>Trademark Application>Application Guide".

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Guide to 69 Frequently Asked Questions in Trademark Registration Application (Full Text) - Huifeng Intellectual Property