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What are the procedures and conditions for trademark registration in Beijing in 2016?

It is very common to register a trademark in Beijing, so what is the latest process for registering a trademark in Beijing? What are the conditions for trademark registration? The editor has brought you relevant knowledge about trademark registration. , which may have what you need. Conditions that a trademark applied for registration should meet

(1) The trademark applied for registration must have constituent elements;

(2) The trademark applied for registration should be distinctive;

(3) The trademark applied for registration shall not use signs prohibited by law.

(4) The trademark applied for registration shall not be identical or similar to the trademark that has been registered or preliminarily approved by others for the same or similar goods or services.

(5) The trademark applied for registration shall not be identical or similar to a registered trademark that has been revoked or canceled for less than one year.

Conditions for trademark registration applicants

The Chinese applicant for trademark registration is a natural person, legal person or other organization.

When foreigners or foreign enterprises apply for trademark registration in my country, the Trademark Office will handle it in accordance with the agreement signed between the country where they belong and my country or the international treaty that the country has signed, or in accordance with the principle of reciprocity. Trademark registration process

Trademark registration process 1. Formal review

After formal review, the application procedures are complete and the application documents are filled in as required, the Trademark Office will issue an acceptance notice.

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 comply with the regulations, but if supplements and corrections are needed, the Trademark Office will issue a notice of supplements and corrections to the trademark registration application. If the applicant makes corrections within the time limit and returns it to the Trademark Office, the application date will be retained; if the applicant fails to make corrections or makes corrections beyond 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 2. Substantive examination

After passing the formal examination, the trademark application enters the substantive examination. After substantive examination, any trademark application that complies with the relevant provisions of the Trademark Law will be initially reviewed and approved by the Trademark Office and announced.

If the application is rejected, a rejection notice will be issued to the applicant.

If the Trademark Office believes that the contents of the trademark registration application can be revised, it will issue an examination opinion. If the applicant responds within the time limit, the Trademark Office will continue the examination.

For trademarks that have been preliminarily approved after review, the China Trademark Office will announce them in the "Trademark Announcement".

Within three months from the date of announcement, anyone can object to a trademark initially approved by the China Trademark Office.

If there is no objection or the objection is ruled not to be established, the China Trademark Office will approve the registration, issue a trademark registration certificate, and announce it in the "Trademark Announcement"; if the objection is ruled to be true, the registration will not be approved.

Request for review

If the applicant is dissatisfied with the Trademark Office’s rejection of the trademark registration application during the trademark registration process, he or she may request a review from the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board will make a final decision on whether to grant registration or not, and notify the applicant in writing. If the party concerned is dissatisfied with the Trademark Office's objection ruling, he or she may request a review from the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board will make a final decision and notify the parties in writing. What are the special protections for well-known trademarks?

Regarding the special protection of well-known trademarks, the "Interim Provisions on the Recognition and Management of Well-known Trademarks" has made strict and operable regulations, mainly focusing on Articles 8, 9, and 10. middle. As stipulated in Article 8, if a trademark that is identical or similar to someone else's well-known trademark is applied for registration on a large number of similar goods, and may damage the rights and interests of the well-known trademark registrant, the Trademark Office of the State Administration for Industry and Commerce will reject the registration application; if it has already been registered, Within five years from the date of registration, the registrant of a well-known trademark may request the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce to cancel it, but there is no time limit for malicious registration.

Article 9 stipulates that using a trademark that is identical or similar to another person's well-known trademark on non-similar goods will imply that the goods have some connection with the well-known trademark registrant, which may damage the rights and interests of the well-known trademark registrant. , the well-known trademark registrant may request the industrial and commercial administrative authorities to stop it within two years from the date he knows or should know about it.

Article 10 stipulates that from the date of recognition of a well-known trademark, if others use words that are identical or similar to the well-known trademark as part of the company name, and may cause the public to mislead, the industrial and commercial administration authorities Registration will not be approved; if it has already been registered, the well-known trademark registrant may request the industrial and commercial administrative agency to cancel it within two years from the date it knows or should know. In addition, Article 12 specifically stipulates that claiming a trademark is a well-known trademark without confirmation by the State Administration for Industry and Commerce is an act of deceiving the public and will be punished depending on the circumstances. What are the procedures for transferring registered trademarks

(1) Trademark transfer procedures: acceptance? review? announcement? issuance of transfer certificate.

(2) Documents required for trademark transfer:

(1) "Transfer Application/Registered Trademark Application";

(2) Transferor and Transferee The identity document (copy) of the transferee;

(3) If the agent is entrusted, submit the "Agency Letter" issued by the transferee; if it is processed directly in the acceptance hall, submit the "Letter of Agency" issued by the transferee's manager. Original and copy of ID card;

(4) If applying for transfer, relevant supporting documents should also be submitted;

(5) If the application documents are in a foreign language, translated documents should also be provided Chinese translation confirmed by the institution’s signature and seal.

(3) Trademark transfer time: It takes about 6-10 months.

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