If 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, it shall apply to the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the “Trademark Office”) in accordance with the law. Trademark Office) files a trademark registration application.

Each registered trademark pattern in each category of the International Classification of Goods and Services for trademark registration is one trademark (one mark, one category). Each application for registration of each trademark is regarded as one application, and a separate set of application documents should be submitted and fees paid separately.

It takes about two years from application to approval of registration for a trademark. There is no statutory time limit for the approval or rejection of a trademark registration application. At present, it is generally about 18 months from the date of application for the first instance announcement of the trademark (if rejected, it will be earlier). If there is no objection to the trademark within 3 months from the date of the first instance announcement, The Trademark Office will review and announce the trademark, and then issue a trademark registration certificate. The trademark has now been approved. The time period for trademark review may change at any time based on the speed of internal review at the Trademark Office.

(1). Trademark registration query

Trademark query refers to whether the trademark registration applicant or his agent, before filing an application for registration, is consistent with the prior rights trademark. Is there any identical or similar query work? Inquiry is not a necessary procedure for trademark application and registration. The scope of inquiry is limited to registered trademarks and trademarks under application that have entered the Trademark Office database from the date of inquiry, and does not include information on prior rights that are under review. The results have no legal effect. It is for reference only and is not the basis for the Trademark Office to approve or reject the application.

Trademark search is a professional job. You can entrust a trademark agent to search on your behalf, and you will get more accurate suggestions.

(2). Trademark registration formal review

Trademark formal review (about 3 months). Trademark formal review refers to whether the trademark registration authority has reviewed the documents and procedures for applying for trademark registration. If it complies with legal requirements, the review agency will assign an application number and determine the application date. It is very important to establish the application date. Since my country's trademark registration adopts the first-to-file principle, once the application date occurs, it becomes the legal basis for determining trademark rights. The application date for trademark registration shall be based on the date when the Trademark Office receives the application documents. The Trademark Office Upon receipt of a trademark application, an acceptance notice will be issued to the application that meets the formal requirements.

(3) Substantive review of trademark registration

Trademark substantive review (about 12-18 months), the trademark substantive review is the trademark registration authority’s examination of whether the trademark registration application complies with the trademark law. A series of activities such as inspection, data retrieval, analysis and comparison, investigation and research and decision to give preliminary approval or reject the application are carried out according to the regulations.

(4). Trademark registration preliminary review announcement

The preliminary review announcement of a trademark (3 months) refers to the review of the trademark registration application that meets the relevant provisions of the Trademark Law. decision to allow its registration. And be announced in the "Trademark Announcement". If no one raises any objection to a preliminary approval trademark within three months from the date of publication of the preliminary approval announcement, the trademark will be registered and a registration announcement will be published at the same time. If no one raises an objection within three months or if the objection raised is found to be untenable, the trademark will be registered and take effect, and a registration certificate will be issued.

Four steps: Trademark search (one day) - Trademark formal review (about 1 month) - Trademark substantive review (12-18 months) - Trademark announcement (3 months) - Receive registration certificate (2 months).

Friendly reminder: During the trademark application period (before registration is approved), please do not use registration marks (such as "registered trademark", "?", etc.). You can mark "TM".

What materials do legal persons need to provide to our company when applying for a trademark?

Legal persons applying for trademarks must provide the following materials: 1. A copy of the business license (with a clear official seal in the blank space); 2. A drawing of the trademark (including text, drawings or graphics, etc.), 3. Notification of the product to be registered or Services, such as clothing or electrical appliances you want to register.

When applying for trademark registration and transfer 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:

1. Individual industrial and commercial households can apply for trademark registration in the name of the applicant using the trade name registered in the "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.

2. 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 in the registration documents of the relevant competent authority, or in the name of all partners*** File an application for trademark registration at the same time. When applying together in the name of all partners, copies of the following materials should be submitted:

(1) ID card of the partner;

(2) Business license;

(3) Partnership agreement.

3. 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 ;

(2) Contract.

4. 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. :

(1) ID card of the operator;

(2) Registration document issued by the relevant administrative authority.

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

6. 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.

7. 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.

8. The trademark registration fee is 1,000 yuan per trademark (official fee), plus some agency fees. The agency fees vary from region to region. After the rated 10 product categories are exceeded, RMB will be added for each additional product. 100 yuan.

9. When applying for trademark transfer, if the transferee is a natural person, you should refer to the above matters.

Specific requirements for filling in a trademark registration application

1. According to Article 15 of the "Regulations on the Implementation of the Trademark Law", trademark registration applications and other relevant documents must be typed or printed. The Trademark Office will not accept handwritten trademark applications;

2. The name and address of the trademark registration applicant should be filled in according to the "Business License". If the address in the "Business License" does not contain If the name of the province, city, or county where the enterprise is located, the applicant must add the name of the province, city, or county before its address. The official seal of the applicant should be exactly the same as the name of the enterprise registered on the "Business License";

3. The goods or services should be in accordance with the "Classification Table of Goods and Services" or "Classification Table of Similar Goods and Services" Fill in the standard name. One application can only fill in one category of goods or services. If the product name or service item is not included in the classification list, a description of the product or service item should be attached.

4. If the applicant is a natural person, in addition to filling in the name, the applicant must also fill in the ID number after the name; the applicant's address can fill in the actual address or mailing address of the natural person.

5. If the trademark applied for registration is not a three-dimensional trademark or a color combination trademark, the applicant should check "√" in the box before "General" in the trademark type column.

6. Please check the application form carefully before submitting it. No changes are allowed after submission. If you fill in the wrong form, you must submit an "Application Form for Correction of Trademark Application/Registration Matters" (Form 7) and pay a fee of 500 yuan. The applicant, goods or services, and trademark drawings cannot be changed.

VI. Payment of trademark registration fees

Within 10 product names or service items in a category, the trademark registration application fee is 1,000 yuan for each application, more than 10 ( (excluding 10 items), each additional item will be charged an additional RMB 100.

If the applicant entrusts a trademark agency to handle the application, the applicant shall pay the trademark registration fees and agency fees to the trademark agency. The trademark registration fees collected by the Trademark Office will be deducted from the advance payment of the trademark agency.

[Edit this paragraph] What types of trademarks can be registered?

Almost anything can be registered as a trademark (except of course the national flag and national micro). Trademarks can be words, letters and numbers, or a combination of them. What constitutes a trademark can be graphics, colors, symbols, three-dimensional marks (such as the shape and packaging of goods), audio signs (such as music or sounds), or fragrances or distinctive colors.

In addition to indicating the commercial source of goods or services, trademarks also have other types of trademarks. A collective mark is owned by an association and its members use the collective mark to indicate compliance with certain quality standards and other requirements determined by the association. Representative among these associations are the Institute of Accountants, the Institute of Engineers or the Institute of Architects. A certification mark is a mark used to certify that certain specified standards have been met, but is not limited to use by any member only. Anyone can obtain a certification mark by submitting proof that the product in question meets certain specified standards. For example, the British trademark "Stilton" for cheese is a certification mark.

[Edit this paragraph] How to register a trademark

First, a trademark registration application must be submitted to the appropriate national or regional trademark office. The application must contain a copy of the application for registration. A clear representation of the mark, including any color, shape or three-dimensional features. The application must also include a list of goods or services on which the mark will be used. The mark must meet several conditions in order to be protected as a trademark or other type of mark. The mark must have distinctive features that enable consumers to distinguish it as a mark identifying a specific product and to distinguish it from other trademarks identifying other products. The mark shall not mislead or deceive consumers, nor shall it violate public order or public ethics.

Finally, the trademark right applied for must not be identical or similar to a trademark right already granted to another trademark registrant. This may be established by search and examination by a national Office or by objections filed by third parties asserting similar or identical claims.

At present, in addition to the Trademark Office, individual trademark agencies can also register. For individual trademark registration offices, you can check whether it is registered with the China Trademark Administration.

Natural persons (citizens) can apply for trademark registration with their ID cards; legal persons or other organizations can apply for trademark registration (business license) or other valid certificates.

The application procedure is as follows:

1. Determine the trademark name

Query your trademark through the national trademark computer retrieval system and the trademark application files being reviewed by the Trademark Office Whether the name conflicts with a trademark that has been registered or has been previously applied for or is under review on similar goods or services. Only if there is no conflict can the name be applied.

2. Determine the trademark graphics

Trademarks that can be applied for after inquiry should be designed with trademark graphics. Applicants can design by themselves under the guidance of an agent, or they can entrust our company's professionals to design. If the trademark graphic does not specify a color, 16 black and white drawings are required. For a trademark with a specified color, 16 color inkjet drawings and 2 black and white drawings are required, with a size of 6 to 8 centimeters.

3. Go through the application procedures

With the trademark image and name, the applicant can bring a copy of the business license and the official seal of the company (if a natural person applies, bring an ID card and private seal) to the trademark The agency handles the seal application procedures. The application form is printed by the computer settings and nothing needs to be filled in by the applicant.

IV. Payment of fees

Trademark inquiry, design, agency, and registration require payment of fees according to national standards.

Trademark registration process

1. Registration preparation:

1. Choice of registration method:

One is to register the national trademark yourself The State Administration for Industry and Commerce (with its office in Beijing) handles trademark registration matters (China’s Trademark Law allows citizens to apply for trademark registration directly to the Trademark Office of the State Administration for Industry and Commerce).

Another way is to entrust an experienced trademark agency organization to provide you with trademark agency services. (For example: Hangzhou Junbo Intellectual Property Agency Co., Ltd.) This will save you a lot of time and energy. Of course, the other party will charge corresponding agency fees.

(Attached: The business conditions that a trademark agency organization should have: be able to provide accurate legal advice and effective legal services to clients, and be very familiar with trademark registration applications, use renewals, and transfer licenses, During the application process, you must be familiar with various legal provisions and work flow procedures such as objections, case analysis, reexamination and defense, etc. You must be familiar with the international classification of trademarks and services, accurately use the 45 categories of goods and 8 categories of services, and understand 485 similar categories. The content of the group, grasp the development trends of more than 1 million registered trademarks in my country. Don’t just look at the price factor)

2. Inquiry of trademark registration rights:

Trademark search refers to the search by a trademark registration applicant or its agent to see whether the trademark applied for is identical or similar to the previously owned trademark before filing an application for registration. It is worth noting that although trademark search is not a required procedure for registering a trademark (following the principle of voluntary search), this work can greatly reduce the risks of trademark registration and improve the certainty of trademark registration. During the query process, due to factors such as data processing and trademark application review periods, some previously applied trademarks cannot be entered into the database, so this part of the information cannot be retrieved. In addition, the trademark search and examination work is undertaken by different personnel, and the search personnel and different examiners may have different opinions on the examination. Therefore, the results of the trademark search cannot be regarded as a legal basis and have no legal effect.

Therefore, before registering a trademark, it is very important to find a professional trademark search company or a trademark agency organization with complete trademark search conditions.

3. Preparation of trademark application materials:

(1) If you are applying in the name of a natural person, you need to show your ID card and submit a copy of your identity. If you apply for registration with an enterprise as the applicant, you need to present a copy of the enterprise's "Business License" and a copy of the "Business License" signed by the issuing authority. A completed trademark registration application form with the official seal of the unit and a personal signature.

(2) 10 trademark drawings (for color trademarks of specified colors, 10 colored drawings and 1 black and white ink drawing should be submitted). The trademark pattern provided must be clear and easy to paste, and must be replaced by smooth and durable paper or a photo. The length and width must be no more than 10 cm and less than 5 cm. If the direction of the trademark pattern is unclear, arrows should be used to indicate the top and bottom. When applying for a cigarette or cigar trademark, the image can be as large as the actual one used.

(3) Prepare the corresponding registration fees: registered trademark fees: 1,000 yuan. If you entrust a trademark agency to handle the process, you need to pay an additional trademark agency fee and trademark search fee of about 1,000 yuan.

2. Application for registration

1. Only individuals or groups meeting the following conditions can apply for trademarks in my country:

Applicants for trademark registration must be: Legally established enterprises, public institutions, social groups, individual industrial and commercial individuals, individual partnerships or foreigners or foreign enterprises from countries that have signed agreements with China or participated in international treaties with China or based on the principle of reciprocity.

If you meet the above conditions and need to obtain the exclusive right to use a trademark, you must submit a trademark registration application to the Trademark Office on a voluntary basis (from November 1, 2001, the my country Trademark Office began to accept applications for registered trademarks from natural persons).

2. File an application according to the classification of goods and services:

Currently, my country’s trademark law implements the International Classification of Goods, which divides more than 10,000 kinds of goods and services into 45 For individual categories, when applying for trademark 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 apply for registration in different categories according to the product classification. This can avoid unfair expansion of the scope of application of trademark rights, and is also conducive to the approval of examiners and the protection of trademark exclusive rights.

3. Determination of the trademark application date:

Establish the application Date is very important. Since my country's trademark registration adopts the first-to-file principle, once the application date occurs, it becomes the legal basis for determining trademark rights. The application date for trademark registration shall be based on the date when the Trademark Office receives the application document (the smallest unit of date). is '日')

3. Trademark review

Trademark review is the inspection, data retrieval, analysis and comparison carried out by the trademark registration authority to determine whether the trademark registration application complies with the provisions of the trademark law. . Investigate and study and decide on a series of activities such as preliminary approval or rejection of the application.

IV. Preliminary Examination Announcement

Trademark approval refers to the review of the trademark registration application, which complies with the "Trademark Decision to allow registration in accordance with the relevant provisions of the Law. And be announced in the "Trademark Announcement". If no one raises any objection to a preliminary approval trademark within three months from the date of publication of the preliminary approval announcement, the trademark will be registered and a registration announcement will be published at the same time.

5. Registration Announcement

Trademark registration is a trademark legal procedure. The trademark registration applicant submits an application, and after review by the Trademark Office, a preliminary approval is announced. If no one raises an objection within three months or the objection is ruled to be invalid, the trademark will be registered and effective, protected by law, and the trademark registrant will enjoy the trademark. exclusive rights. It takes about one to one and a half years from application to approval of registration for a trademark. The validity period of a registered trademark is ten years, starting from the date of approval of registration. If the registered trademark expires and you need to continue to use it, you can apply for trademark renewal registration.

6. Receive the Trademark Registration Certificate

Through an agent, the agent will send the "Trademark Registration Certificate" to the trademark registrant.

To apply for trademark registration directly, the trademark registrant should go to the Trademark Office to obtain the certificate within three months after receiving the "Notice of Obtaining the Trademark Registration Certificate". At the same time, he should also bring:

(1) Letter of introduction for receiving the trademark registration certificate;

(2) Identity card and copy of the licensee;

(3) Original copy of business license, the copy should be stamped with the local Seal stamp of the industrial and commercial department;

(4) Notice of receiving the trademark registration certificate;

(5) If the name of the trademark registrant is changed, a change certificate issued by the working department must be attached.

Another: Trademark registration application time: A newly applied trademark generally takes about one year from application to issuance, of which application acceptance and formal review takes about one month, and substantive review takes about four to five days. months, the objection period is three months, and the approval announcement to the issuance of the certificate is about three months.