Can individuals apply for trademark registration?
After the revision of China's Trademark Law, it is stipulated that if a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for the goods it produces, manufactures, processes, selects and distributes, it shall apply to the Trademark Office for trademark registration of the goods; Where a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for the services it provides, it shall apply to the Trademark Office for registration of a service trademark. Therefore, individuals can apply for trademark registration.
Fees for individual application for trademark registration
Need to pay an official fee of 1000 yuan to the Trademark Office; If you entrust an agent, you need to pay an agency fee of about 600-800 yuan to the agency.
The process of individual applying for trademark registration
1. Design the trademark to be registered in advance. Including logo, Chinese and English names.
2. Determine the scope of use of the trademark. Trademarks are divided into 45 categories, and each category is further divided into subcategories. It is necessary to determine the specific scope of use and product name of the registered trademark.
3. Check whether the trademark is pre-registered. Go to the website of the State Administration for Industry and Commerce to check whether the trademark has been registered. If it has been registered, it is necessary to change the trademark before submitting it. You can also submit a registration application without registration.
4. Submit materials to the local industrial and commercial bureau. To register a trademark, an individual needs to submit two copies of his ID card, six designs of the trademark and an application for trademark registration with his own signature. Pay a fee of 1000 yuan to the Trademark Office, and the fee will not be refunded whether it is passed or not.
5. Waiting for the examination of the Trademark Office. It usually takes 12 ~ 16 months to get the results.
6. Publicity period. After passing the preliminary examination of the Trademark Office, that is, entering the three-month publicity period, anyone can raise any objection, and the registration can be successful without objection. If there is any objection, you should reply to the trademark objection, and you can successfully register after the reply is passed.
7. Publication of trademarks. After passing the publicity period, the Trademark Office will issue a document announcing that the trademark has been successfully registered and can be used. At this time, the trademark is protected by law.
Matters needing attention in personal application for trademark registration
1. Ask about the trademark first. If there is no identical or similar trademark in advance, you can make application documents and submit the application;
2. About 1 month after the application is submitted, the Trademark Office will send you an application acceptance notice within ten working days (this period is called the formal examination stage).
3. After the formal review is completed, it will take about 1 year to enter the substantive review stage.
4. Those who pass the substantive examination shall enter the announcement procedure (this period is 3 months, also called the objection period);
5. When the announcement expires, no one raises any objection. You can get the registration certificate.
Recommended reading:
How do startups choose trademark agencies?
First look at the filing information.
Is the agency registered in the Trademark Office? Only registered agencies are qualified to be trademark agents.
Second, look at the survival time of the organization.
If you have been in business for many years, you can rest assured not to look for a small company that has just been established. Trademark registration generally takes one year to 1 year and a half to get the registration certificate. If a small agency goes bankrupt because of poor management, the trademark applied by the applicant will not be recovered, wasting a lot of money.
Again, look at the amount of trademark agents.
The more trademark agents there are, the more experienced they are.
Then, look at the size of the organization.
A large agency will have many branches in different regions.
Finally, it depends on whether the agency headquarters is located in Beijing.
The Trademark Office is located in Beijing, and all trademark applications must be submitted to Beijing, so choosing an agency in Beijing can save a lot of time.
The above is the "process and expenses of individual registered trademark" provided by Bian Xiao. I hope everyone will like it!
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