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Detailed process of online trademark registration in 2016

What should you do when applying for trademark registration online? What are the detailed procedures for online trademark registration? The editor has brought you relevant knowledge about "online trademark registration". There's just what you need. How to apply for a trademark online

1. Applicant

Trademark applicants can directly submit an online trademark application, or they can entrust a trademark agency to handle it. Applicants who directly submit online trademark applications must comply with the provisions of Article 4 of the Trademark Law, do not violate the provisions of Article 18 of the Trademark Law, and have the technical conditions to pay the trademark application fee online. Trademark agency organizations that handle online trademark applications should be registered by the enterprise registration authority in accordance with the law and filed with the Trademark Office.

2. Online applications that are not accepted

Due to technical reasons, trademark applicants or trademark agency organizations are not allowed to submit online applications under the following circumstances:

(1) ) Trademark registration applications regulated by the "Notes for Natural Persons Handling Trademark Registration Applications" published by the Trademark Office;

(2) Trademark registration applications with priority claims;

(3) Application for trademark registration of portraits;

(4) Application for trademark registration of collective trademarks and certification marks;

(5) The designated goods or services are not included in the "Similar Products" and Service Differentiation Table";

(6) Trademark registration applications submitted by foreigners or foreign enterprises as trademark applicants or patent applicants without entrusting a trademark agency organization. Trademark applicants from my country’s Hong Kong, Macao Special Administrative Regions and Taiwan shall refer to this provision.

(7) Other trademark registration applications that are temporarily not suitable for online application.

3. Payment of Fees

If a trademark applicant directly submits an online trademark application, he or she shall use the bank card of the person or the payer entrusted by him or her to pay the fee online immediately when submitting the online trademark application. Trademark fees must be paid in full; trademark agency organizations that apply for trademarks online must pay trademark fees in full in advance. If the Trademark Office has other regulations on payment methods, such regulations shall prevail.

IV. Other matters needing attention

If a trademark applicant directly submits a trademark online application, the Trademark Office will be deemed to have received the electronic application data that meets the requirements and the payment of the trademark application fee in full. The application is submitted successfully; if a trademark agency organization acts as an agent to apply for a trademark online, the application is deemed to have been successfully submitted when the Trademark Office receives electronic application data that meets the requirements.

If you submit a trademark online application, the date of trademark application shall be the date when the Trademark Office receives the successfully submitted electronic application data. Are online trademark registration applications prohibited?

Due to technical reasons, trademark applicants or trademark agency organizations are not allowed to submit online applications under the following circumstances:

(1) "Natural Person Processing" published by the Trademark Office Trademark registration applications regulated by "Notes on Trademark Registration Applications";

(2) Trademark registration applications with priority claims;

(3) Trademark registration applications for portraits;

(4) Trademark registration application for collective trademarks and certification marks;

(5) Trademark registration for designated goods or services that are not included in the "Classification Table of Similar Goods and Services" Application;

(6) Trademark registration applications submitted by foreigners or foreign enterprises as trademark applicants or patent applicants without entrusting a trademark agency organization. Trademark applicants from my country’s Hong Kong, Macao Special Administrative Regions and Taiwan shall refer to this provision.

(7) Other trademark registration applications that are temporarily not suitable for online application. What is the process of trademark review?

Trademark review is divided into formal review and substantive review. ①Trademark form review (3-4 months), it is very important to establish the application date. Since trademark registration in my country 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 is determined by the Trademark Office. The date on which the application is received shall prevail. The Trademark Office will issue an acceptance notice to applications that meet the formal requirements.

②Trademark substantive examination (12 months). Trademark substantive examination is the examination, data retrieval, analysis and comparison, investigation and study carried out by the trademark registration authority to determine whether the trademark registration application complies with the provisions of the Trademark Law. A series of activities. During this period, before the trademark is approved for registration, please do not use registration marks (such as "registered trademark", "?", etc.). You can mark it with "TM". In addition, before registration is approved, it is not advisable to produce too many goods and packaging bearing the trademark, or trademark logos at one time, to prevent unnecessary losses caused by obstruction of registration. How long does it take for a trademark to be announced?

Trademark approval refers to the decision to allow registration of a trademark registration application that complies with the relevant provisions of the Trademark Law after review. 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.

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