It is very common to apply for a company’s trademark registration in 2016. What are the procedures for trademark registration? What are the steps for trademark registration? The editor has brought you the company’s trademark registration procedure? The relevant knowledge may be what you need.

How to register a trademark

(1) Application agent

Domestic applicants for trademark registration can directly go to the Trademark Office to apply for registration by themselves, or they can Entrust a trademark agency to handle the matter. When foreigners or foreign enterprises apply for registered trademarks and handle other trademark matters in my country, they should entrust a legally established trademark agency organization to act as their agent.

When a party entrusts a trademark agency organization to apply for trademark registration or handle other trademark matters, the party shall submit a power of attorney. The power of attorney shall state the content and authority of the agency; the power of attorney for foreigners or foreign enterprises shall also state the nationality of the principal.

(2) Registration application

When applying for trademark registration for the first time, the applicant shall submit an application form, trademark drawings, supporting documents and pay the application fee. The applicant for drug trademark registration shall be accompanied by a copy of the drug production enterprise license or drug trading enterprise license issued by the health administrative department. If applying for trademark registration of tobacco products, the applicant shall be accompanied by certification documents of production approval by the national tobacco authority. During the use of a registered trademark, if the scope of use needs to be expanded, a separate application for registration must be submitted, regardless of whether the expanded goods are of the same category as the goods for which the original registered trademark is used; if the registered trademark needs to change its logo, a new registration application must be submitted ; If a registered trademark needs to change the name, address or other registration matters of the registrant, a change application should be submitted. Under the first-to-file principle, the determination of the filing date is of great significance. The application date is generally based on the date when the Trademark Office receives the application documents. If the applicant enjoys priority, the priority date shall be the filing date. The Trademark Law stipulates two situations in which priority can be enjoyed: First, the trademark registration applicant files another application for the same trademark in China for the same goods within 6 months from the date when the trademark registration application is first filed in a foreign country. If a trademark registration application is made, the foreign country may enjoy priority in accordance with the agreement signed by the foreign country and China or the international treaty that both countries are a party to, or in accordance with the principle of mutual recognition of priority; secondly, the trademark shall be registered in an international trademark registration sponsored by the Chinese government or recognized by the Chinese government. If the trademark is used for the first time on a product exhibited at an exhibition, the applicant for registration of the trademark can enjoy priority within 6 months from the date the product is exhibited.

(3) Review and Approval

The Trademark Office will review the trademark registration applications accepted in accordance with the law, and the registration applications that comply with the regulations or that use the trademark on some designated goods comply with the regulations. If the registration application does not comply with the regulations or the registration application for use of the trademark on some designated goods does not comply with the regulations, the registration application for use of the trademark on some designated goods shall be rejected or the application for use of the trademark on some designated goods shall be rejected, and the applicant shall be notified in writing and Give reasons. If a trademark registration applicant is dissatisfied with the rejection of the application, he may apply to the Trademark Review and Adjudication Board for review in accordance with the law. If he is dissatisfied with the review decision, he may file an administrative lawsuit within 30 days from the date of receipt of the notice.

Anyone can file an objection to a preliminary approved trademark within 3 months from the date of announcement. The Trademark Office will rule on the objection filed in accordance with the law. If the party concerned is dissatisfied with the ruling, it may initiate a review in accordance with the law. If the party is dissatisfied with the review ruling, it may initiate a lawsuit in accordance with the law.

If the parties concerned have no objections to the expiration of the announcement period, the registration will be approved, a trademark registration certificate will be issued, and the announcement will be made. If the objection is determined to be untenable and the registration is approved, the time for the trademark registration applicant to obtain the exclusive right to trademark shall be calculated from the expiration of the 3-month period from the preliminary announcement. A trademark registered upon approval of opposition will not have retroactive effect against others’ use of signs that are identical or similar to the trademark on the same or similar goods from the expiration of the trademark opposition period until the opposition ruling takes effect; however, due to The user shall compensate the trademark registrant for any losses caused by his bad faith.

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:

1900 yuan (ten The validity period is 10 years, including ten years of fees. For domestic companies or individuals, the state fee is 1,000, and the agency fee is 900. The national fee is 1,000, the agency fee is 2,000)

What are the ways to register a trademark?

(1) Register by yourself

Registration by yourself means going to the National Trademark Office to apply for a trademark. Regarding registration matters, the State Trademark Office is in charge of national trademark registration and management. The State Trademark Office is the only unit in the country responsible for reviewing trademark registrations. The industrial and commercial departments below the provincial level are responsible for the management of trademark use and have no authority to approve the registration of trademarks. Therefore, trademarks nationwide need to be submitted to the National Trademark Office for registration. China allows its citizens to apply for trademark registration directly to the Trademark Office of the State Administration for Industry and Commerce.

(2) Entrusted registration

Registering yourself means entrusting an organization to apply. The agency fee charged by Beijing trademark registration agencies is generally about 500 yuan.

Whether you apply for trademark registration yourself or entrust an agency to apply for registration, there are risks whether the trademark registration is successful. If the application for trademark registration fails, the application fee is 1,000 yuan (for 10 types of trademark goods and services) (within) will not be returned by the Trademark Office. If you entrust an agency to represent you, the agency fee will not be refunded. Risk agency is not allowed now, but the agency can provide free agency services again.

What documents are required for trademark registration?

1. When applying for registration with an enterprise as the applicant, a copy of the applicant's business license should be submitted, and the original copy of the enterprise's "Business License" should be presented or in The copy of the applicant's business license shall be stamped with the applicant's official seal.

2. 6 trademark pictures (one should be attached to the back of the application form, and 5 should be submitted). The trademark pattern provided must be clear and easy to paste. It must be on smooth and durable paper or replaced by a photo (printing on A4 paper is also acceptable). The length and width of the pattern should not be greater than 10 cm and not less than 5 cm. If the direction of the trademark pattern is unclear, arrows should be used to indicate the top and bottom.

3. Applications, trademark registration applications and other relevant documents should be typed or printed, with both sides printed. The applicant's address should be consistent with the address in the business license. Neither the address of the business department nor the mailing address can be used as the address in the application, otherwise it will not be accepted. If you do not entrust an agency, leave the agency-related items blank. The "category" and "goods and services" in the "Application for Trademark Registration" should be based on the goods or services provided by the applicant, and refer to the eighth edition of the "International Classification of Goods and Services for Trademark Registration" (Nice Classification) And the Trademark Office fills in the "Classification Table of Similar Goods and Services" modified according to the above-mentioned international classification table, which can be queried on the China Trademark Network and the lobby of the Trademark Office. If you select more than ten categories of goods or services, the registration fee will be increased by RMB 100 for each additional category. When filling in the types of goods and services, only write the name, do not write the specific number, and stamp the cut-off stamp after the enumeration is completed (the cut-off in brackets can be used instead).

4. Submit the materials and pay the fees to the Trademark Office. The Trademark Office will send an acceptance notice to the applicant in about 2 months. If the materials are incomplete or have some errors, the trademark The Bureau will send a notice of trademark correction, and the applicant must correct the application materials according to the notice within one month.

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