Friends who want to register a trademark should be very concerned about the relevant procedures. The cost of registering a trademark is also of great concern. The editor has brought you relevant knowledge about "registered trademark". Among them Maybe there's what you need. How much does it cost to register a trademark (for reference only)
Registration fees are charged according to category and number, and the fee for each trademark in each category is:
1,900 yuan (valid for ten years, including ten years Fees, domestic companies or individuals, including 1,000 state fees and 900 agency fees)
3,000 yuan (valid for ten years, including ten years of fees, foreign companies or individuals, including 1,000 state fees and 900 agency fees) 2000) What is the procedure for trademark registration
(1) Registration preparation
Select the registration method: one is to apply for registration at the Trademark Office of the State Administration for Industry and Commerce; the other is Entrust an experienced trademark agency to organize agency services.
(2) Preparation of materials
Prepare 10 trademark drawings (for color trademarks of specified colors, 10 colored drawings and 1 black and white ink drawing should be submitted), the length and width should not be larger than 10 cm, not less than 5 cm. If the direction of the trademark pattern is unclear, arrows should be used to indicate the upper and lower parts; if an individual applies, they must present their ID card and submit a copy plus a copy of their individual business license and the business scope must be consistent with the registered trademark. ; If applying from an enterprise, present a copy of the enterprise's "Business License" and submit a copy; a trademark registration application form with the company's official seal.
(3) Apply according to the classification of goods and services
Currently, goods and services are divided into 45 categories, including 34 categories of goods and 11 categories of services. When applying for registration, the category of goods or services for which the trademark is used should be determined according to the classification of the goods and services classification table; if the same applicant uses the same trademark on different categories of goods, he should file registration applications according to different categories.
(4) Determination of the filing date
This is the most important point: since China’s trademark registration adopts the first-to-file principle, once you have a dispute over trademark rights with other companies, you must apply Enterprises that come first will be protected by law. Therefore, it is very important to establish the filing date. The filing date shall be the date when the Trademark Office receives the application.
The next step is the three procedures of trademark review, preliminary review announcement, and registration announcement. It should be emphasized that a trademark that has passed the preliminary review by the Trademark Office can be registered only if no one raises objections three months after the announcement. The trademark is protected by law. The validity period of a registered trademark is ten years, calculated from the date of approval of registration. If the validity period expires and you need to continue to use it, you can apply for trademark renewal registration.
(5) Receive the trademark registration certificate
After the trademark is registered, the Trademark Office issues a certificate to the registrant. If it is through an agency organization, the agent will send the "Trademark Registration Certificate" to the registrant; if the registration is done directly, the registrant should go to the Trademark Office to obtain the certificate within three months after receiving the "Notice of Collecting the Trademark Registration Certificate", and at the same time Bring: a letter of introduction for obtaining the trademark registration certificate, ID card of the person receiving the certificate and its copy, a copy of the original business license and a copy stamped with the seal of the local industrial and commercial department, a notice for receiving the trademark registration certificate, and a copy if the name of the trademark registrant is changed. Change certificate issued by the industrial and commercial department.
It generally takes about one to three and a half years from application to issuance of a newly applied trademark, of which application acceptance and formal review takes about one month, substantive review takes about 24 to 30 months, and objections The period is three months, and it takes about two months from the approval announcement to the issuance of the certificate.
(6) Instructions for trademark registration application
A natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for the goods or services it produces, manufactures, processes, selects or distributes. , a trademark registration application should be submitted to the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) in accordance with the law. In the narrow sense, trademark registration applications only refer to goods and service trademark registration applications, international trademark registration applications, certification trademark registration applications, collective trademark registration applications, and special sign registration applications. In addition to the content of trademark registration applications in the narrow sense, trademark registration applications in the broad sense also include applications for change, renewal, transfer registration, objection applications, trademark license contract filing applications, and the handling of other trademark registration matters.
Notes on trademark registration
When handling trademark registration, transfer and other applications in the name of a natural person, in addition to submitting the "Trademark Registration Application", trademark drawings and other materials in accordance with relevant regulations, you should also pay attention to the following matters:
Individual industrial and commercial households can apply for trademark registration in the name of the applicant using the trade name registered in their "Individual Industrial and Commercial Household Business License", or they can also apply for trademark registration in the name of the person in charge registered on the license. When applying in the name of the person in charge, copies of the following materials should be submitted:
(1) ID card of the person in charge;
(2) Business license.
An individual partnership may file a trademark registration application in the name of the applicant with the trade name registered in its "Business License" or the trade name registered in the registration document of the relevant competent authority, or it may file a trademark registration application jointly in the name of all partners. Trademark registration application. When applying in the name of all partners, copies of the following materials should be submitted:
(1) Partner’s ID card;
(2) Business license;
(3) Partnership agreement.
Rural contract operators can apply for trademark registration in the name of the person who signed the contract. When applying, they should submit copies of the following materials
(1) Identity card of the person signing the contract;< /p>
(2) Contract.
Other natural persons who are legally permitted to engage in business activities may apply for trademark registration in the name of the operator listed in the registration document issued by the relevant administrative authority. Copies of the following materials should be submitted when applying:< /p>
(1) ID card of the operator;
(2) Registration document issued by the relevant administrative authority.
The scope of goods and services for which a natural person applies for trademark registration shall be limited to the business scope approved by his or her business license or relevant registration documents, or to his or her self-operated agricultural and sideline products.
For trademark registration applications that do not comply with the provisions of Article 4 of the Trademark Law, the Trademark Office will not accept the application and notify the applicant in writing. If the applicant provides false materials to obtain trademark registration, the Trademark Office will revoke the registered trademark.
The application time for ordinary trademark registration is 18 months, but according to the current actual situation, the time for trademark registration is generally 2-3 years.
The trademark registration fee is 1,000 yuan per unit (official fee), plus a certain amount of agency fees. The agency fees vary from region to region. After the rated 10 product categories are exceeded, an additional product will cost RMB 100 yuan. At present, the Trademark Office has implemented online registration on a trial basis. If online registration is adopted, the registration fee is 800 yuan per person (official fee).
When applying for trademark transfer, if the transferee is a natural person, you should refer to the above matters. How to identify similar trademarks
A similar trademark refers to a similar glyph, pronunciation, and meaning of the trademark words, a similar composition, coloring, and appearance of the trademark graphics, or a similar overall arrangement and appearance of the combination of words and graphics, and a three-dimensional The shape and appearance of the three-dimensional mark of the trademark are similar, and the color or color combination of the color trademark is similar. When used on the same or similar goods or services, it is easy for the relevant public to misunderstand the source of the goods or services.
To determine whether trademarks are identical or similar, we should first determine whether the designated goods or services belong to the same or similar goods or services; secondly, we should determine from the shape, sound, meaning and overall expression of the trademark itself, etc. Based on the general attention of the relevant public as the standard, and adopting the method of overall observation and comparison of the main parts, it is judged whether the trademark mark itself is the same or similar.
Correctly judging similar trademarks and rationally resolving similar trademark disputes in accordance with the law will not only help safeguard the company’s exclusive rights to registered trademarks and protect the legitimate rights and interests of companies and consumers, but will also help promote the implementation of the company’s trademark and brand strategy. , to promote sound and rapid development of the national economy.
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, Guizhou), Yunnan Province (Dian, Yunnan), Tibet Autonomous Region (Tibet), Shaanxi Province (Shaanxi, Qin), Gansu Province (Gan, Long), Qinghai Province (Qinghai), Ningxia Hui Autonomous Region (Ning), Taiwan Province (Taiwan), Xinjiang Uyghur Autonomous Region (New) Hong Kong Special Administrative Region (Hong Kong), Macao Special Administrative Region (Australia) Overseas: United States, China, Japan, Germany, France, United Kingdom, Brazil, India, Russia, Italy, Canada, Australia Oceania, Spain, South Korea, Mexico , Indonesia, Turkey, Netherlands, Saudi Arabia, Switzerland, Argentina, Sweden, Iran, Belgium, Norway, Poland, Thailand, South Africa, Austria, Colombia, United Arab Emirates, Venezuela, Malaysia, Denmark, Nigeria, Chile, Singapore, Egypt, Hong Kong, China , Israel, Philippines, Finland, Pakistan, Greece, Kazakhstan, Algeria, Peru, Portugal, Ireland, Ukraine trademark registration