Trademark registration process 1. Formal review
After formal examination, if the application procedures are complete and the application documents are filled in accordance with the regulations, the Trademark Office will issue a notice of acceptance.
If the application procedures are incomplete or the application documents are not filled in as required, a notice of rejection shall be issued and returned, and the application date shall not be retained.
If the application procedures are basically complete or the application documents basically meet the requirements, but need to be corrected, the Trademark Office will issue the Notice of Correction of Trademark Registration Application. If the applicant makes corrections within the time limit and returns them to the Trademark Office, the date of application shall be kept; If it is not corrected or corrected within 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 II. Substantive inspection
Trademark applications enter substantive examination after passing formal examination. After substantive examination, the Trademark Office shall preliminarily examine and approve the trademark application that meets the relevant provisions of the Trademark Law and make an announcement.
If the application is rejected, a notice of rejection shall be issued to the applicant.
If the Trademark Office considers that the contents of the application for trademark registration can be modified, it shall issue an examination opinion. If the applicant gives a reply within the time limit, the Trademark Office will continue the examination.
A trademark that has been preliminarily examined and approved shall be announced by the China Trademark Office in the Trademark Announcement.
Within three months from the date of announcement, anyone may raise an objection to the trademark preliminarily approved by the China Trademark Office.
If it is ruled that there is no objection or the objection is untenable, the China Trademark Office will approve the registration, issue a trademark registration certificate, and make an announcement in the Trademark Announcement; If the objection is established, the registration shall not be approved.
Review request
In the process of trademark registration, if the applicant is not satisfied with the rejection of the trademark registration application by the Trademark Office, he may request a reexamination to the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board shall make a final decision on approval or disapproval of registration and notify the applicant in writing. If a party refuses to accept the objection ruling of the Trademark Office, he may request a review to the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board shall make a final decision and notify the parties in writing.
What information do you need to apply for trademark registration? An application for trademark registration and other documents shall be submitted to the Trademark Office. The specific requirements are:
1. The applicant must submit an application for trademark registration in accordance with the principle of one trademark application for one commodity. In other words, the goods or services declared by an application can only be limited to one category in the international classification of goods and services registered by trademarks. Where a trademark agency is entrusted to handle the matter on its behalf, a copy of the power of attorney for trademark agency shall also be submitted.
2. The application for trademark registration shall be filled in neatly, and the name and address of the applicant shall be accurate.
3. Each application shall be accompanied by 10 color trademark with trademark pattern (specified color), 10 color pattern and 1 black and white ink manuscript).
4. If you produce a copy of the business license of the enterprise or provide a copy of the business license signed by the issuing authority and apply for a registered trademark in the name of a natural person, you shall provide the corresponding identity documents.
5. The application documents shall be in Chinese, and the foreign language documents shall be accompanied by Chinese translation.
6. Where a portrait of a person is used as a trademark to apply for registration, the applicant must provide a power of attorney from the owner of the portrait, which shall be notarized by a notary office.
7. Where a foreign applicant claims priority, the country, date and application number of the initial application shall be filled in the application form, and the documents claiming priority shall be submitted to the Trademark Office within 3 months. If it is not submitted within the time limit, it shall be deemed that priority has not been claimed.
8. To apply for the registration of a collective trademark or a certification trademark, it is also necessary to provide corresponding articles of association and subject qualification certificates.
The advantage of trademark registration is 1, which is convenient for consumers to identify brands and shop.
2. The trademark registrant enjoys the exclusive right to use the trademark and is protected by law.
3. Through trademark registration, you can create a brand and seize the market.
4. Trademarks are intangible assets, and their value can be assessed.
5. Trademarks can be transferred, licensed to others or pledged to realize their value.
6. Trademark is also a necessary condition for quality inspection, health inspection and bar code.
7. Local industrial and commercial bureaus at all levels supervise the quality of goods and services through the management of trademarks.
Top right corner of registered trademark? r？ And then what? TM？ According to the revised Detailed Rules for the Implementation of the Trademark Law, there are only three ways to mark a registered trademark, that is, add a note after the registered trademark: a? Registered trademark? Four Chinese characters, b,? Notes? Put a circle outside the word c, r？ Put a circle outside R, except for that, any other marking method is not in compliance with the law. ? Notes? It is a Chinese character, which is obviously not as popular as (r) in the world, so we suggest that (r) is the best symbol.
TM is the abbreviation of trademark. American trademarks are usually marked with TM, which does not necessarily refer to registered trademarks. R is the abbreviation of REGISTER, which means registered trademark when used in trademark. According to the implementation regulations of China's trademark law, the use of registered trademarks can be indicated on commodities, commodity packages, manuals or other accessories? Registered trademark? Or a registration mark. The use of a registered trademark shall be marked in the upper right corner or the lower right corner of the trademark. So TM and R are trademarks of different countries and have no special relationship. Some domestic companies do not understand the legal provisions, blindly imitate American companies, and use TM marks on trademarks.
Trademark registration process
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