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Trademark Application Form Sample

┌───────────────────┐

│Trademark type: __________ │

│( Paste a trademark pattern in the box, and attach ten copies of the pattern │

│Trademark design description: ________, │

│Ten copies of the attached color pattern and a black and white ink draft of the specified color One │

│ copy) _______________ │

│Is this the first application: ______ │

│In which other categories has the same trademark been registered: ____│

│Whether the trademark specifies a color. │

│ │

└────────────────────┘

Category: ______ at the same time In which categories are you applying______

┌───────────┬─────┐

│ Service Items│ Remarks│

├────────────┼──────┤

│ │ │

├───────── ───┼──────┤

│ │ │

├───────────┼───────┤

│ │ │

└───────────┴──────┘

2. Description

Trademark is a unique mark used by enterprises, institutions and individual industrial and commercial persons on the goods they produce, manufacture, process, select or distribute to distinguish the source of the goods. A trademark consists of words, graphics or their combination, and has distinctive features for easy identification. Trademarks mark the source of goods, indicate the producer or operator of the goods, reflect the stable quality level and reputation of the goods, play the role of publicizing and promoting goods, and are conducive to opening up and consolidating the market, developing foreign trade and economy Technical cooperation. The above two forms should be filled out by the applicant when registering a trademark. Format 1 is a product trademark, and format 2 is a service trademark.

(1) The trademark registration procedure includes:

①Application. The trademark registration applicant applies to the Trademark Office for trademark registration and fills out the "Trademark Registration Application Form". To apply for registration change of registered trademark or trademark renewal registration, the "Application Form for Change of Name of Registered Trademark Registrant", "Application Form for Change of Registered Trademark Registrant's Address" and "Application Form for Trademark Renewal Registration" should be submitted.

②Review. Including: a. Formal review. That is, the review of matters such as the trademark applicant’s right to apply and whether the documents are complete. b. Substantive review. That is, an examination is conducted on whether the trademark registration application is prohibited by the Trademark Law or conflicts with a previously registered and preliminary approved trademark. c. Preliminary approval. After passing the formal review and substantive review, a determination will be made that it complies with the Trademark Law, a preliminary approval number will be given, a review search card will be established, and relevant materials will be archived.

③Announcement. The preliminary approved trademark registration application shall be published in a special publication issued by the state (Trademark Announcement), made public to the world, and subject to public supervision, and solicit public objections to the preliminary approved trademark and disputes over the trademark from interested parties.

④Reject the application. If a trademark registration application is reviewed by the trademark registration and management authority and is deemed to violate the provisions of the Trademark Law and should not be registered, the trademark registration and management authority shall notify the trademark applicant or his agent in writing to reject the application.

⑤Reject the trademark review. If the applicant is dissatisfied with a trademark that has been rejected and not announced, he may apply for a review request within 15 days after receiving the notice, and the Trademark Review and Adjudication Board will conduct a re-examination. After review, if the review committee believes that the application should be reviewed and approved, the relevant materials should be handed over to the Trademark Office for preliminary review and announcement; if it is considered that the application should still be rejected, a rejection decision should be made. The applicant shall be notified in writing in both cases. The decision of the Trademark Review and Adjudication Board is final.

⑥Objection. For a trademark that has been initially approved and announced, anyone can file an objection within 3 months from the date of announcement.

The Trademark Office will make a ruling after investigation and verification based on the opponent’s objection letter and the applicant’s statement.

⑦Final decision. The Trademark Review and Adjudication Board reviews applications filed against the Trademark Office’s rejection and opposition rulings. For dispute applications arising from newly registered trademarks that are less than one year old, or for review applications that are dissatisfied with the Trademark Office's administrative handling of trademark cancellation, the decisions and rulings made are final and must be implemented by the Trademark Office, and the parties concerned are not allowed to appeal.

⑧Approval of registration. If the objection complies with the provisions of the Trademark Law, and after preliminary review, there is no objection during the objection period or the objection is ruled untenable, the Trademark Office will register it in the trademark registration book, publish an announcement and issue a trademark registration certificate.

(2) A trademark registration application is an application for registration of a trademark used by a commodity producer or operator to the Trademark Office in accordance with the registration conditions, principles and procedures stipulated by law in order to obtain the exclusive right to use a trademark. Legal documents. Issues that should be paid attention to when handling trademark registration include:

①Applicants and application conditions for trademark registration. Applicants for registered trademarks must be legally registered enterprises, institutions and individual industrial and commercial individuals, or foreigners or foreign enterprises as stipulated in Article 9 of the Trademark Law. To apply for trademark registration, the following four conditions must be met: the trademark should have distinctive features and be easy to identify; the trademark must not violate prohibited terms and cannot use prohibited words and graphics stipulated in Article 8 of the Trademark Law; and the trademarks must not be confused. If the trademark applied for registration, regardless of the words or graphics it consists of, is found to be identical or similar to a registered trademark or a trademark that has been preliminarily approved before the application, the trademark registration cannot be obtained; the application shall be filed according to the product category. The commodity classification table is an important basis for classifying commodities and conducting trademark registration management. In the past, our country’s commodity classification table was divided into eight categories based on commodity usage, performance, raw materials, production, sales and other conditions. With the development of my country's commodity economy and the expansion of international economic and trade exchanges, this commodity classification table can no longer meet the needs of the situation. On September 15, 1988, the State Administration for Industry and Commerce promulgated the "Notice on the Implementation of the International Classification of Goods for Trademark Registration" and decided to implement the "International Classification of Goods and Services for Trademark Registration" from November 1, 1988. This table*** includes 42 categories of goods and services.

②How to fill in the trademark registration application form. First, determine which product category the product you want to apply for a registered trademark falls within the scope of the product classification table. If the applied trademark is used on several goods, and these goods fall within the scope of goods delineated in the commodity classification table, the application can be filed as one trademark; if they belong to different classes, registration applications should be filed separately. . Second, for each trademark registration application, 10 copies of the trademark drawings (for color trademarks with specified colors, 10 copies of the colored drawings should be submitted) and 1 copy of the black and white ink draft should be submitted to the Trademark Office. The trademark image must be clear and easy to paste. It can be printed on smooth and durable paper or replaced by a photo. The length and width should be no more than 10 cm and no less than 5 cm. Third, relevant documents such as trademark registration applications should be made with a pen, brush or typewriter. When filled in, the handwriting must be neat and clear; fourth, the name and seal of the trademark registration applicant should be consistent with the approved or registered enterprise name. The declared goods shall not exceed the business scope of the approved or registered enterprise; fifth, the applicant for drug trademark registration shall be accompanied by the "Pharmaceutical Manufacturing Enterprise License" or "Drug Trading Enterprise License" issued by the health administrative department. When applying for trademark registration of tobacco products, documents proving production approval by the national tobacco authority should be attached.

③Trademark registration applications are divided into two types: trademark registration applications for domestic manufacturers and applications exclusively for foreigners or foreign enterprises. Format 1 is the format used by domestic manufacturers.