What do we need to pay attention to when applying for trademark registration? Let’s take a look at the “What to pay attention to when applying for trademark registration” brought to you by the editor below. Maybe you need something among them. of.

What should I pay attention to when applying for trademark registration?

There are many things that need to be paid attention to during the trademark registration application process, and the agent will give specific guidance. However, there are some issues that must be considered and grasped by the applicants themselves. Here are some reminders to attract the attention of the applicants.

1. Pay attention to the trademark search before application

Trademark search is an important task. Only through search can we understand the status of prior rights and reduce the rejection rate of applications. At present, there are more than one million registered trademarks in my country, especially for clothing, electronic products, food and other commodities. The number of registered trademarks is huge, so it is very easy to apply for registration of the same or similar trademarks on the same or similar products. According to data, before the trademark search business was launched, the application rejection rate was around 40%, and after the search business was launched, the rejection rate was only 11.3%.

However, some companies do not pay attention to the trademark search work, thinking that the trademark is their own original creation and will not be the same or similar to other people’s trademarks. As a result, the application is rejected, which not only costs more money, but also delays the time. It even affects production.

It is also important to note that after a trademark search, it does not mean that it will be 100% approved for registration, because currently only the word trademark search business is carried out, and the results of the search are only a reflection of the word trademark information four months ago. The situation of prior rights within the company cannot be grasped. In addition, our country has a vast territory, and it is very likely that applicants from different regions across the country will apply for the same or similar trademarks in the same category on the same day. Therefore, the trademark search results are for reference only and have no legal effect.

2. Improve self-protection awareness

An enterprise's trademark self-protection awareness is reflected in two aspects: trademark registration and use management. Here we only talk about the protection awareness that should be possessed in registration.

① Apply for registration in time. Article 18 of the Trademark Law stipulates the first-to-file principle. However, some companies lack the awareness of trademark registration. As a result, their original trademarks that have been used for many years are registered by others, causing economic losses.

② Be good at weaving a solid protective net. When your brand is somewhat famous, some people, driven by economic interests, will use similar trademarks on similar products. In order to effectively prevent others from infringing, it is necessary to scientifically weave a solid protection network. On the one hand, you can apply to register some similar trademarks around your main trademark. For example, "Da Da" bubble gum has successively applied for registration of eight series of trademarks, including "Tiantian", "Cai Da", "Tai Da", "Super Da" and "Extra Da", effectively protecting "Da Da". On the other hand, if the business scope permits, you can apply for registration in an expanded category and implement multi-faceted protection. For example, the company has applied to register the trademark "Qimeng" mainly for cleaning products and cosmetics in categories 3, 5, 9, 16, 18, and 25, and also applied to register "Qimeng". , "Qimeng", "Qihuang", "Qiwang" and other similar trademarks form a protective net.

3. Design a good trademark

Trademark design involves many fields, and several elements usually need to be grasped:

① The trademark must be distinctive. The more distinctive a trademark is, the more impressive it will be on consumers. For example, a trademark consisting of a simple geometric figure or an overly complex figure cannot create a sensory impression; another example is a trademark consisting of only one or two letters in a common font, because the number of letters is limited and it is not suitable to be monopolized by one company; Such as common titles, etc., these lack distinctiveness and do not have the identification function of trademarks.

②Trademark design must comply with legal requirements and cannot use prohibited words and graphics stipulated in Article 8 of the Trademark Law.

③Trademark design should change the tendency of focusing on realism, and advocate the use of more original words or graphics without specific meanings as trademarks. Such as "Langqi", "COLGATE", etc. These trademarks are original and distinctive and are easy to be approved for registration.

④Trademark design should take into account the customs and habits of different countries, regions, and ethnic groups, conform to the psychology of consumers, and prevent the occurrence of negative cultural influences.

⑤The trademark design must be artistic. The designed trademark should be easy to read, see, remember, simple and clear, and give people a sense of beauty.

4. Use and publicize the trademark in the registration application with caution and moderation

The application for trademark registration does not equal the determination of the exclusive right to use the trademark. Therefore, the use and promotion of the trademark under application should be used with caution and moderation.

① When using, do not mark the registration mark, that is, "⑩", "@", "registered trademark", otherwise it will be regarded as counterfeiting a registered trademark. According to Article 32 of the "Trademark Law Implementing Rules", A fine of up to RMB 20 for illegal business volume may be imposed.

② Do not print too many outer packaging items and do not invest too much in advertising to avoid economic losses due to problems in confirming rights.

5. Declare trademarks and fill in product names scientifically

① Whether to declare a combination trademark or a single trademark depends on the goods on which the trademark is used. If the trademark is used on a large commodity, a combined trademark is necessary; if the trademark is used on clothing, shoes, belt buckles, etc., the combined trademark may not be beautiful enough. Of course, it is better to apply for a single trademark.

In addition, whether to apply for a combination trademark or a single trademark has its own pros and cons:

From a cost point of view, the current practice is to charge one mark per category, that is, a graphic, Chinese, If a trademark with a combination of foreign languages ??is applied for in one category, only one application fee will be charged. If the three are separated and applied for in one category, the fees for three applications will be charged.

From the perspective of the difficulty of approval, a single trademark is easy to approve, but it is difficult to avoid that a part of a combination trademark is similar to a trademark previously applied for by others on similar goods, so it will be rejected during the examination. A large number of corrections are returned, which often delays the approval time.

② Filling in the product name is an important task and should be carried out under the guidance of professionals: First of all, the product name must not cross categories and must be standardized and specific. Secondly, products must be carefully selected so as to be protected across the entire category. In order for a general trademark to be protected in all categories, the declared products must be carefully selected from each group of the category, and each group should be focused on reporting one or several products that are suitable for them. Thirdly, when filling in the quantity of goods, expenses must be considered. Currently, there is a stipulation on extra charges for application fees, that is, one application is limited to 10 goods/services, and an additional 100 yuan will be charged for each more than one. Therefore, it is recommended that each application strive to report 10 goods/services, even if there are currently no goods/services. Goods/services can also be reported. As for whether to apply for an excess declaration, it should be considered based on the situation and whether all categories are protected.

Requirements for a registered trademark

The conditions for a registered trademark are:

1. It should have legal constituent elements. Any visible sign 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 and color combinations, as well as combinations of the above elements, can be applied for as a trademark register. Trademarks such as audio and gas that cannot be perceived visually cannot be registered in my country;

2. Trademarks should have distinctive features. The distinctive characteristics of a trademark can be obtained in two ways: first, the distinctive characteristics inherent in the mark itself, such as a trademark with a novel concept and unique design; second, obtaining distinctive characteristics through use, such as a narrative mark that directly describes the quality of the goods and other characteristics. If the use obtains distinctive features and is easy to identify, it can be registered as a "secondary meaning" trademark.

Methods for determining the application date for trademark registration

Determination of the application date: China adopts the first-to-file principle. The date on which the Trademark Office receives the application shall prevail. China adopts the principle of one trademark, one application, one category. And it is based on 10 small products; for each additional product, an additional 100RMB will be charged.

In addition to the application date, you should also pay attention to:

1. You will be notified about receiving the "Notification of Acceptance" in about four months

2. Ten years after application We will notify you of your trademark registration status in about a month.

3. Notify you of the trademark preliminary announcement period approximately eighteen months after application (the announcement period is 3 months), which is the opposition period.

4. You will be notified to collect the certificate about one month after the self-examination is announced

The above is the "What to pay attention to when applying for trademark registration" provided by the editor. I hope you will like it!

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