What are the regulations on the trademark registration process and time?

1. Design? You can entrust our company or design by yourself before applying for trademark registration. The following points should be paid attention to when designing a trademark: (1) Originality, that is, the design of the trademark must be innovative; on the one hand, it must meet the requirements of distinctiveness, and on the other hand, a creative trademark can easily expand the popularity of the product and quickly occupy the market. (2) The name of the trademark should avoid being associated with the function of the product. (3) The design of the trademark should highlight the theme and be reasonably laid out.

2. Inquiry? Trademark inquiry usually refers to an inquiry about trademark information conducted by a trademark registration applicant before applying to register a trademark in order to understand whether there are any prior trademark rights that may conflict with the trademark he or she is applying for. . It takes a long time for a trademark to be applied for and approved for registration. If the trademark registration application is rejected, on the one hand, the trademark registration fee will be lost; on the other hand, it will take longer to reapply for a registered trademark, and it is still unknown whether the re-application will be approved for registration. Therefore, it is best for applicants to conduct a trademark search to understand the status of prior rights before applying to register a trademark. There are two types of inquiry services: one is internal inquiry service; the other is agency government inquiry service, which takes 7-14 working days.

3. Application? Submit the trademark registration application documents to the Hong Kong Intellectual Property Department.

4. Acceptance? After the Hong Kong Intellectual Property Department receives the trademark registration application materials, it will give an application number and issue an acceptance notice. It will take about one week.

5. Review? Trademark review is divided into two processes: formal review and substantive review. Formal examination means that before examining the application, the Trademark Registry will examine the application form and all attachments in detail to see whether the required parts of the form have been completed, whether the relevant information is correct, and whether the required information is incomplete. If everything is in order, the application process will enter the next stage (substantive examination stage). After the substantive examination is completed to check the deficiencies of the application and confirm that all the information is complete, the Trademark Registry will check the trademark records to determine whether other merchants have registered or applied for registration of the same or similar goods or services. 's trademark. The Trademark Registry will also check whether the trademark concerned complies with the registration requirements stipulated in the Trademark Ordinance. If approved, the application process will enter the next stage (the gazette announcement stage).

6. Announcement? After the Trademark Registry approves the application, it will be announced in the Hong Kong Intellectual Property Gazette for a period of three months. If no one raises any objection, the trademark can be successfully registered.

7. Registration? If there is no objection to the trademark announcement or the objection is ruled untenable, the registration is successful. Under normal circumstances, it takes about 6 months to obtain the registration certificate. After successful registration, it will be valid for 10 years and can be renewed on time six months before expiration. How to prove that someone else has maliciously registered a trademark?

Article 31 of the Trademark Law stipulates that unfair means are not allowed to preemptively register a trademark that has been used by others and has a certain influence.

First of all, you have to prove that the other party is seeking unfair benefits subjectively. The identification method is usually:

1. See whether he uses it himself after successful registration, that is, uses it on his own products, and whether the product is the same or similar to the product of the registered person;

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2. Whether to transfer or license the trademark to the person who has been squatted at a high price;

3. Whether to directly accuse the person of infringement and make a claim for compensation.

Secondly, prove that the other party has adopted unfair means. Determination method:

1. The applicant takes advantage of the relationship with others.

2. Use the background of previous cooperation with others.

3. Other people in the same area who know the inside story.

Use their different conditions and own advantages, such as managers, legal advisors, reporters, trademark agents, etc., to learn about the operator’s trademark use during news interviews or management work. situation, and could foresee the benefits brought by preemptively registering the trademark and register it preemptively. Steps to apply for trademark registration

The necessary procedures include five stages: application, formal examination, substantive examination, preliminary examination announcement, and registration.

The first stage: After preparing the application documents and submitting them to the Trademark Office, you can get the submission list receipt from the Trademark Office on the same day. The list receipt has the "acceptance" stamp and receipt of the Trademark Office through the center. date, proving that the Trademark Office has received the relevant application documents.

Generally, the original list receipt cannot be given to the customer, but only a copy, because the original list receipt is used by the agency to reconcile accounts with the Trademark Office.

The second stage: It will take about 1-3 months from the date when the Trademark Office receives the application documents to issue an "Acceptance Notice". Receipt of the "Acceptance Notice" proves that the application documents have been approved. The formal examination by the Trademark Office has entered the substantive examination stage. There is an application number on the acceptance notice of each trademark application. Substantive examination must be conducted in sequence and cannot be advanced under any circumstances.

The third stage: The substantive review will be completed about one to one and a half years after the acceptance notice. If the trademark passes the substantive review, the Trademark Office will issue a preliminary approval announcement for three months.

The fourth stage: After the preliminary approval announcement period expires and no one raises any objection, the Trademark Office will issue a registration announcement. The registration announcement proves that the trademark has been approved and the trademark applicant has obtained exclusive rights to the trademark. right.

The fifth stage: The trademark registration certificate can be obtained in about one month from the date of the registration announcement.

Time for each stage

Trademark inquiry (within 2 days)? Application document preparation (within 3 days)? Submission of application (within 2 days)? Payment of trademark registration fees? Trademark formal examination (1 Month)? Issuance of trademark acceptance notice? Trademark substantive examination (12 months)? Trademark announcement (3 months)? Issuance of trademark certificate

The above is what the editor provides for you? Apply for a trademark by a sanitary ware company Process?, I hope you like it! Trademark application