The cost of applying for trademark registration by an individual
You need to pay an official fee of 1,000 yuan to the Trademark Office; if you entrust an agency to handle it, you need to pay an agency fee of about 600--800 yuan to the agency. . What information is required for an individual to apply for trademark registration?
1. A drawing of the trademark is required;
2. The scope of goods or services to be used for the registered trademark;
3. Proof of identity Documents: A. For company applications: a copy of the company's business license is required; B. For individual applications: a copy of the individual industrial and commercial household's business license and personal ID card are required. Can individuals apply for trademark registration
The revised Trademark Law of my country stipulates that if a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for the goods it produces, manufactures, processes, selects or distributes, it must apply to the Trademark Law The Trademark Office applies for product trademark registration; natural persons, legal persons or other organizations that need to obtain exclusive rights to trademarks for the services they provide shall apply for service trademark registration with the Trademark Office. Therefore individuals can apply for trademark registration. The process of personal application for trademark registration
1. Design the trademark to be registered in advance. Includes trademark pattern, Chinese and English names.
2. Determine the scope of use of the trademark. Trademarks are divided into 45 major categories, and each major category is further divided into subcategories. The specific scope of use and product name of the registered trademark must be determined.
3. Check in advance whether the trademark is registered. Go to the website of the State Administration for Industry and Commerce to check whether the trademark has been registered. If it is registered, you must change the trademark before submitting it. You can submit a registration application without registering.
4. Submit information to the local Industrial and Commercial Bureau. To register a trademark personally, you need to submit 2 copies of the front and back of your ID card, 6 copies of the trademark design, and a trademark registration application with your signature. Pay another 1,000 yuan fee to the Trademark Office, and the fee will not be refunded regardless of whether it is passed or not.
5. Wait for review by the Trademark Office. It usually takes 12 to 16 months for results to be available.
6. Public notice period. After passing the preliminary review by the Trademark Office, there will be a 3-month publicity period. Anyone who has any objections can raise it. If there is no objection, the registration can be successful. If you have any objections, you must submit a trademark objection defense. Once the defense is passed, you can successfully register.
7. Publication of trademarks. After passing the publicity period, the Trademark Office will issue a document announcing that the trademark has been successfully registered and can be used. At this point, the trademark is protected by law. Recommended reading: What are the requirements for trademark registration applicants?
After the revision of the Trademark Law and its implementing regulations, the scope of trademark rights has been expanded, giving domestic natural persons the right to apply for trademark registration, and canceling the past restrictions on business scope and There are restrictions on the special requirements required for trademarks of medicines, tobacco, newspapers and magazines, and at the same time, independent trademark registration applications are allowed. Applicants applying for trademark registration in my country can be divided into two types according to their country of origin: domestic applicants and foreign applicants.
(1) Domestic applicants mainly have the following situations:
1. Natural person
Natural person is the legal title of a person. According to the provisions of the General Principles of Civil Law, natural persons are citizens. From the time of birth to the time of death, a citizen has the capacity for civil rights, enjoys civil rights and assumes civil obligations in accordance with the law. In other words, any citizen of the People's Republic of China has the right to apply for trademark registration, unless otherwise provided by law.
2. Legal person
The definition of "legal person" in the "General Principles of Civil Law" is: an organization that has the capacity for civil rights and civil conduct, and independently enjoys civil rights and assumes civil obligations in accordance with the law. Legal persons include: corporate legal persons, agencies, institutions and social group legal persons.
3. Other organizations
Other organizations refer to enterprises, institutions, social groups and other organizations that do not have legal person status.
(2) Foreign Applicants
According to the provisions of Articles 17 and 18 of the Trademark Law, foreigners or foreign enterprises shall apply in accordance with the agreement signed between their country of origin and my country. Or international treaties to which Japan is a party, or based on the principle of reciprocity, you can apply for trademark registration in our country.
For foreigners or foreign enterprises that have a habitual residence or business office in China, they will be treated as domestic applicants when handling the application procedures; however, foreigners or foreign enterprises that do not have a habitual residence or business office in China should entrust a state-recognized trademark owner. Organizational agent with agency qualifications.
One thing to note is that although the Trademark Law only mentions that foreigners or foreign enterprises can apply for trademark registration in my country in accordance with relevant regulations, in practice, other foreign organizations can also apply.
(3) ***Same applicant
In addition to a single applicant, according to the provisions of Article 5 of the Trademark Law, two or more natural persons, legal persons or other organizations You can apply to register the same trademark with the Trademark Office at the same time, and you can enjoy and exercise the exclusive right to use the trademark together. ***The same applicants can be all domestic applicants or all foreign applicants, or there can be both domestic applicants and foreign applicants.
In practice, when applying for trademark registration and handling other related matters at the my country Trademark Office, applicants from Hong Kong, Macao and Taiwan refer to "Foreign Applicants".
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