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How to apply for a trademark by yourself

Individuals can apply for trademark registration. How to apply for a trademark as an individual: First, the applicant should submit an application for registration. Then, the Trademark Office shall complete the review within nine months from the date of receipt of the trademark registration application documents, and make a preliminary review announcement if the application meets the requirements. For a trademark that has been initially approved and announced, if there is no objection within three months from the date of announcement, the registration will be approved and a trademark registration certificate will be issued. According to the provisions of my country's Trademark Law: natural persons, legal persons or other organizations that need to obtain exclusive rights to trademarks for the goods they produce, manufacture, process, select or distribute shall apply to the Trademark Office for trademark registration; natural persons, legal persons or other organizations shall apply for trademark registration with the Trademark Office; If the services provided require the exclusive right to use a trademark, they must apply for service trademark registration with the Trademark Office. Therefore individuals can apply for trademark registration.

1. Conditions that need to be met as an individual as a trademark applicant

1. A natural person who destroys the goods that he or she produces, manufactures, processes, selects or distributes, or provides to him or her If you need to obtain the exclusive right to use a trademark for a service item, you should apply for trademark registration with the Trademark Office.

2. Two or more natural persons may apply to the Trademark Office to register the same trademark at the same time, and enjoy and exercise the exclusive right to the trademark together.

2. Conditions that a registered trademark needs to meet

1. A trademark should have legal constituent elements

Any product that can be used to identify a natural person, legal person or other organization Visible signs that distinguish the goods of others, including words, graphics, letters, numbers, three-dimensional signs and color combinations, as well as combinations of the above elements, can be applied for registration as trademarks. Trademarks such as sounds and smells that cannot be perceived visually cannot be registered in my country.

2. Trademarks should have distinctive features

The distinctive features inherent in the mark itself, such as trademarks with novel ideas and unique designs, obtain distinctive features through use, such as directly describing the quality of the goods, etc. Characteristic narrative marks that have acquired distinctive features through use and are easy to identify can be registered as "secondary meaning" trademarks.

3. Materials required for personal registration of a trademark

1. Copies of the applicant’s ID card and registration documents issued by relevant administrative authorities. If you hold a passport, a copy of your passport is required.

2. Fill in the trademark registration application form (in fixed form) and sign at the designated location.

3. 6 black and white pictures of the trademark. The pictures must be clear and the size should be between 5x5 cm and 10x10 cm. If you specify a color, please submit 6 colored patterns and 1 black and white pattern.

4. Individual industrial and commercial households can apply for registered trademarks in the name of the "Individual Industrial and Commercial Household Business License".

5. The scope of goods and services for which a natural person applies for trademark registration shall be limited to the business scope approved by the business license or relevant registration documents, or to the agricultural and sideline products produced by the natural person.

Legal basis:

Article 22 of the "Trademark Law of the People's Republic of China"

Applicants for trademark registration shall classify goods according to the prescribed Fill in the form to report the product category and product name using the trademark, and submit an application for registration.

Article 28

For a trademark applied for registration, the Trademark Office shall complete the review within nine months from the date of receipt of the trademark registration application document, and it shall comply with the relevant provisions of this Law. , a preliminary approval announcement will be made.

Article 33

For a trademark that has been initially approved and announced, within three months from the date of announcement, if the prior rights holder or interested parties believe that the trademark violates this The provisions of paragraphs 2 and 3 of Article 13, Article 15, Paragraph 1 of Article 16, Article 30, Article 31 and Article 32 of the Law, or any person Anyone who believes that the provisions of Article 4, Article 10, Article 11, Article 12 or Article 19, Paragraph 4 of this Law have been violated may file an objection with the Trademark Office. If there is no objection at the expiration of the announcement period, the registration will be approved, a trademark registration certificate will be issued, and the announcement will be made.

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