One is to apply for registration in the Trademark Office of the State Administration for Industry and Commerce; The other is to entrust an experienced trademark agency to organize agency services.
Note: If you have no experience in registering trademarks and do not understand relevant laws and regulations, I suggest you entrust an agency to help, which will save you a lot of time and energy. I have entrusted a similar organization to help me register before, and the handling fee is only 1000 yuan-ranging from 300 yuan.
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It is best to find an authoritative inquiry company before registration, because your trademark may be the same as or similar to that of other registrants, so the inquiry before registration can greatly reduce the risk of trademark registration and improve the certainty of trademark registration.
Note: Because different people are in charge of trademark inquiry and examination, they may have different opinions on the viewpoint of examination, so the result of trademark inquiry cannot be used as the final legal basis.
Step 2 prepare materials
Prepare 10 trademark patterns (10 color patterns and 1 1 black-and-white ink draft are required for color trademarks with specified colors), with the length and width not exceeding 10 cm and not less than 5 cm. If the direction of the trademark pattern is not clear, the upper and lower parts should be marked with arrows; If an individual applies, he/she needs to show his/her ID card and submit a copy, plus a copy of his/her business license. The business scope is consistent with the registered trademark; If an enterprise applies, it shall present and submit a copy of its business license; An application for trademark registration stamped with the official seal of the unit.
Step 3 start applying
4. Apply according to the classification of goods and services.
At present, goods and services are divided into 45 categories, including 34 categories of goods and services 1 1. When applying for registration, the category of goods or services using trademarks shall be determined according to the classification in the Classification Table of Goods and Services; Where the same applicant uses the same trademark on different categories of goods, it shall apply for registration according to different categories.
5. Determination of application date
This is the most important point: because China adopts the principle of applying first in trademark registration, once you have a trademark dispute with other enterprises, the enterprise with the earlier application date will be protected by law. Therefore, it is very important to establish the application date, which is based on the date when the Trademark Office receives the application.
Then there are three procedures: trademark examination, preliminary examination announcement and registration announcement. It should be emphasized that a trademark that has passed the preliminary examination by the Trademark Office cannot be registered until three months after the announcement, and the trademark is protected by law. The period of validity of a registered trademark is ten years, counting from the date of approval of registration. If it is necessary to continue to use the trademark after the expiration of the validity period, it may apply for the renewal of the trademark registration.
6. Obtain a trademark registration certificate
After a trademark is registered, the Trademark Office issues a certificate to the registrant.
If it is organized by an agent, the agent will send the trademark registration certificate to the registrant; For direct registration, the registrant shall obtain the trademark certificate from the Trademark Office within three months after receiving the Notice of Obtaining the Trademark Registration Certificate. At the same time, he shall also bring with him a letter of introduction for obtaining the trademark registration certificate, the witness's ID card and its photocopy, the original business license and the photocopy stamped by the local industrial and commercial department, the notice of obtaining the Trademark Registration Certificate, and the certificate of change issued by the industrial and commercial department if the name of the trademark registrant changes.
Note: It usually takes about one year to three and a half years from the application to the issuance of a new trademark, in which the acceptance and formal examination of the application takes about one month, the substantive examination takes about 24 to 30 months, the objection period is three months, and the approval announcement takes about two months to the issuance of the trademark.
What if the trademark application is rejected? If the trademark is rejected, the General Administration of Trademarks will issue a Notice of Trademark Rejection. The applicant should first look at the reasons for the rejection, and then consider whether to review the rejection.
If the trademark of the applicant is rejected because it is the same as the trademark previously applied by others. Then the success rate of dismissing retrial is almost zero. If the prior applicant is indeed registered, it shall also handle the objections or disputes of the prior applicant's trademark application, and it is necessary to reject and review it. Therefore, for the trademark rejected for this reason, it is not recommended to conduct a rejection review.
If the applicant's trademark is rejected for violating the mandatory provisions. Should be analyzed on a case-by-case basis. Because there are many trademark examiners, the trademark rules have their own limitations, and the examiners are subjective, it is necessary to reject some rejected trademarks.
When it is determined that the reexamination can be rejected, it should be possible to cite a large number of similar cases, such as obvious reasons for rejection, so it is necessary to list the cases in which similar trademarks have been approved in multiple categories one by one, and explain the differences between them.
How to apply for trademark rejection review? The application for reexamination of trademark rejection shall be handled in accordance with Article 32 of the Trademark Law and the Trademark Review and Adjudication Rules.
1. Applicant qualification: It must be the original applicant whose trademark registration application was rejected by the Trademark Office.
2. Application period: The applicant for trademark registration shall apply for reexamination within 15 days after receiving the notice of rejection of trademark objection from the Trademark Office. If it is necessary to extend the period due to force majeure or other legitimate reasons, it may apply for an extension of 30 days before the expiration of the period, and whether or not to grant it shall be decided by the Trademark Review and Adjudication Board.
3. Re-examination fee: If you apply for re-examination, you shall pay the application fee for re-examination of trademark rejection. The current charging standard is 1.500 yuan per application.
4. If the Trademark Review and Adjudication Board considers that it meets the statutory acceptance conditions, it shall accept the application for reexamination of rejecting trademark registration within 30 days from the date of receipt, and notify the applicant in writing; That does not meet the statutory conditions, notify the applicant in writing not to accept, and explain the reasons.
5. If the Trademark Review and Adjudication Board considers that the application basically meets the statutory requirements, but it needs to be corrected, it may make corrections within a time limit; If it is not corrected within the time limit, it will not be accepted, and the applicant will be notified in writing and all the application documents will be returned.
That's what Bian Xiao has to offer you? China trademark application process? I hope you like it!
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