What are the requirements for trademark registration applicants

After the revision of the Trademark Law and its implementing regulations, the scope of trademark rights has been expanded, giving domestic natural persons the right to apply for trademark registration, and canceling the previous There are restrictions on the scope of business and special requirements for trademarks of medicines, tobacco, newspapers and magazines, and at the same time, independent trademark registration applications are allowed. Applicants applying for trademark registration in my country can be divided into two types according to their country of origin: domestic applicants and foreign applicants.

(1) Domestic applicants mainly have the following situations:

1. Natural person

Natural person is the legal title of a person. According to the provisions of the General Principles of Civil Law, natural persons are citizens. From the time of birth to the time of death, a citizen has the capacity for civil rights, enjoys civil rights and assumes civil obligations in accordance with the law. In other words, any citizen of the People's Republic of China has the right to apply for trademark registration, unless otherwise provided by law.

2. Legal person

The definition of "legal person" in the "General Principles of Civil Law" is: an organization that has the capacity for civil rights and civil conduct, and independently enjoys civil rights and assumes civil obligations in accordance with the law. Legal persons include: corporate legal persons, agencies, institutions and social group legal persons.

3. Other organizations

Other organizations refer to enterprises, institutions, social groups and other organizations that do not have legal person status.

(2) Foreign Applicants

According to the provisions of Articles 17 and 18 of the Trademark Law, foreigners or foreign enterprises shall apply in accordance with the agreement signed between their country of origin and my country. Or international treaties to which Japan is a party, or based on the principle of reciprocity, you can apply for trademark registration in our country. For foreigners or foreign enterprises with a habitual residence or business office in China, they will be treated as domestic applicants when handling the application procedures; however, foreigners or foreign enterprises without a habitual residence or business office in China should entrust a nationally recognized trademark owner Organizational agent with agency qualifications.

One thing to note is that although the Trademark Law only mentions that foreigners or foreign enterprises can apply for trademark registration in my country in accordance with relevant regulations, in practice, other foreign organizations can also apply.

(3) ***Same applicant

In addition to a single applicant, according to the provisions of Article 5 of the Trademark Law, two or more natural persons, legal persons or other organizations You can apply to register the same trademark with the Trademark Office at the same time, and you can enjoy and exercise the exclusive right to use the trademark together. ***The same applicants can be all domestic applicants or all foreign applicants, or there can be both domestic applicants and foreign applicants.

In practice, when applying for trademark registration and handling other related matters at the my country Trademark Office, applicants from Hong Kong, Macao and Taiwan refer to "Foreign Applicants". What materials are required for trademark registration

(1) If applying for trademark registration in the name of a legal person or other organization, the following application documents should be submitted:

1. Trademark registration with the official seal of the applicant application.

2. 6 trademark drawings (one attached to the back of the application form and 5 submitted). The drawings are required to be clear and the length and width should be no less than 5 cm and no more than 10 cm. If you specify a color, attach 1 coloring pattern, 5 coloring patterns, and 1 black-and-white pattern.

3. If you go directly to the trademark registration hall, submit a copy of the applicant's business license and present the original copy of the business license; if you cannot produce the original copy of the business license, the applicant's copy of the business license must be added. Stamp the applicant's seal. If a trademark agency is entrusted to handle the matter, a copy of the applicant's business license must be submitted.

4. If you go directly to the trademark registration hall to handle the matter, submit a copy of the person’s ID card; if you entrust a trademark agency to handle the matter, submit a trademark agency power of attorney.

5. If the trademark applied for registration is a portrait of a person, a notarized statement from the portrait owner agreeing to register the portrait as a trademark should be attached.

(2) If a natural person applies for trademark registration, he or she shall submit the following application documents:

1. Trademark registration application signed by the applicant.

2. 6 trademark drawings (one attached to the back of the application form and 5 submitted). The drawings are required to be clear and the length and width should be no less than 5 cm and no more than 10 cm. If you specify a color, attach one coloring pattern, submit 5 coloring patterns, and attach 1 black-and-white pattern.

3. If you go directly to the trademark registration hall, submit a copy of the applicant's ID card or passport. The person in charge will present the original ID card or passport and submit a copy; entrust a trademark agency to handle the application. , submit a trademark agency power of attorney and a copy of the applicant’s ID card.

4. If the trademark applied for registration is a portrait of a person, a notarized statement from the portrait owner agreeing to register the portrait as a trademark should be attached. What is the trademark registration process?

Trademark design? Trademark query? Submit an application? Acceptance notice? Trademark review? Gazette announcement? Complete registration

1. Design? Before applying for trademark registration, you can Entrust our company or design by yourself. When designing a trademark, you should pay attention to the following points:

(1) Originality, that is, the design of the trademark must be innovative; on the one hand, it must meet the requirements for distinctiveness, and on the other hand, a creative trademark can easily expand the visibility of the product. , quickly occupying the market.

(2) The name of the trademark should avoid being associated with the function of the product.

(3) The design of the trademark should highlight the theme and be reasonably laid out.

2. Inquiry? Trademark inquiry usually refers to an inquiry about trademark information conducted by a trademark registration applicant before applying to register a trademark in order to understand whether there are any prior trademark rights that may conflict with the trademark he or she is applying for. . It takes a long time for a trademark to be applied for and approved for registration. If the trademark registration application is rejected, on the one hand, the trademark registration fee will be lost; on the other hand, it will take longer to reapply for a registered trademark, and it is still unknown whether the re-application will be approved for registration. Therefore, it is best for applicants to conduct a trademark search to understand the status of prior rights before applying to register a trademark. There are two types of inquiry services: one is internal inquiry service; the other is agency government inquiry service, which takes 7-14 working days.

3. Application? Submit the trademark registration application documents to the Hong Kong Intellectual Property Department.

4. Acceptance? After the Hong Kong Intellectual Property Department receives the trademark registration application materials, it will give an application number and issue an acceptance notice. It will take about one week.

5. Review? Trademark review is divided into two processes: formal review and substantive review. Formal examination means that before reviewing the application, the Trademark Registry will review the application form and all attachments in detail to see whether the required parts of the form have been completed, whether the relevant information is correct, and whether the required information is incomplete. If everything is in order, the application process will enter the next stage (substantive examination stage). After the substantive examination is completed to check the deficiencies of the application and confirm that all the information is complete, the Trademark Registry will check the trademark records to determine whether other merchants have registered or applied for registration of the same or similar goods or services. 's trademark. The Trademark Registry will also check whether the trademark concerned complies with the registration requirements stipulated in the Trademark Ordinance. If approved, the application process will enter the next stage (the gazette announcement stage).

6. Announcement? After the Trademark Registry approves the application, it will be announced in the Hong Kong Intellectual Property Gazette for a period of three months. If no one raises any objection, the trademark can be successfully registered.

7. Registration? If there is no objection to the trademark announcement or the objection is ruled untenable, the registration is successful. Under normal circumstances, it takes about 6 months to obtain the registration certificate. After successful registration, it will be valid for 10 years and can be renewed on time six months before expiration. 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:

1,900 yuan (valid for ten years, including ten years Fees, domestic companies or individuals, including national fees of 1,000 and agency fees of 900)

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