Entrepreneurs all want to find a good professional agency to register trademarks. How should they find a better one in Shandong? Then let’s take a look at the Shandong trademark registration company brought to you by the editor below. , which may have what you need.
How to choose a formal and legal agency registration company
First, look at the filing information.
Whether the agency has been registered with the Trademark Office? Only agencies that have been registered are qualified to act as trademark agents.
Secondly, look at how long the agency survives.
If you have been operating for many years, you can rest assured. Don’t look for a small company that has just been established. Trademark registration usually takes one to one and a half years to get the registration certificate. If a small agency fails to manage well, apply If you apply for a trademark, there will be no way to recover it, and a lot of money will be wasted.
Again, look at the number of trademark agents.
The more trademark agents you have, the richer your experience will be.
Then, look at the size of the agency.
Large agencies will have many branches located in different regions.
Finally, check whether the agency’s 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.
Having said all this, many startups must already know how to choose a trustworthy trademark agency.
What information is required for trademark registration?
1. If you apply in the name of a natural person, a copy of your ID card is required. If you are applying for registration as an enterprise, you need a copy of the "Business License" and the official seal.
2. 10 trademark drawings. For color trademarks of specified colors, 10 colored drawings and 1 black and white ink drawing should be submitted). The trademark pattern provided must be clear and easy to paste, and must be made of smooth and durable paper or replaced by a photo. The length and width must be no more than 10 cm and less than 5 cm (approximately the size of a business card). If the direction of the trademark pattern is unclear, arrows should be used to indicate the top and bottom. When applying for a cigarette or cigar trademark, the image can be as large as the actual one used.
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".
Trademark registration process
Trademark registration process 1. Formal review
After formal review, the application procedures are complete and the application documents are filled in in accordance with regulations, the Trademark Office will issue Send a notice of acceptance.
If the application procedures are incomplete or the application documents are not filled in as required, a notice of rejection will be issued and returned, and the application date will not be retained.
If the application procedures are basically complete or the application documents basically comply with the regulations, but if supplements and corrections are needed, the Trademark Office will issue a notice of supplements and corrections to the trademark registration application. If the applicant makes corrections within the time limit and returns it to the Trademark Office, the application date will be retained; if the applicant fails to make corrections or makes corrections beyond the time limit, the Trademark Office will issue a notice of rejection and return it, and the application date will not be retained.
Trademark registration process 2. Substantive examination
After passing the formal examination, the trademark application enters the substantive examination. After substantive examination, any trademark application that complies with the relevant provisions of the Trademark Law will be initially reviewed and approved by the Trademark Office and announced.
If the application is rejected, a rejection notice will be issued to the applicant.
If the Trademark Office believes that the contents of the trademark registration application can be revised, it will issue an examination opinion. If the applicant responds within the time limit, the Trademark Office will continue the examination.
For trademarks that have been preliminarily approved after review, the China Trademark Office will announce them in the "Trademark Announcement".
Within three months from the date of announcement, anyone can object to a trademark initially approved by the China Trademark Office.
If there is no objection or the objection is ruled not to be established, the China Trademark Office will approve the registration, issue a trademark registration certificate, and announce it in the "Trademark Announcement"; if the objection is ruled to be true, the registration will not be approved.
Request for review
If the applicant is dissatisfied with the Trademark Office’s rejection of the trademark registration application during the trademark registration process, he or she may request a review from the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board will make a final decision on whether to grant registration or not, and notify the applicant in writing. If the party concerned is dissatisfied with the Trademark Office's objection ruling, he or she may request a review from the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board will make a final decision and notify the parties in writing.
Information required for trademark registration
1. If applying for registration under a company name, a copy of the business license must be provided, and the official seal must be stamped on the copy of the business license;
2. If you apply for registration in your own name, you must provide a copy of your personal ID card and a copy of the individual industrial and commercial household's business license. The copy of the individual industrial and commercial household's business license must be stamped with the official seal;
3. Provide trademark text or drawings. If the color needs to be protected, color drawings are also required;
4. Provide the goods/services to be registered, which can be based on the goods operated by the applicant or the services provided. , to be filled in with reference to the ninth edition of the "International Classification of Goods and Services for Trademark Registration" (Nice Classification) and the "Classification Table of Similar Goods and Services" modified by the Trademark Office based on the above-mentioned international classification table;
5. Provided The "Trademark Agency Power of Attorney" with official seal or signature, which can be obtained from this website; especially note that the address on the "Trademark Agency Power of Attorney" should be exactly the same as the registered address on the business license.
Things to note when registering a trademark
1. Blind registration: Some agencies tell customers that if I help you register your trademark, it will definitely be registered, and some even guarantee that it will be registered. (Trademark registration must be reviewed by the Trademark Office reviewers before it can be finalized, and there are blind spots in the early search for trademark names. No one can guarantee that a trademark can be registered).
2. Non-professional registration: Many agencies will also check trademark names for customers in the early stage, but the vast majority of trademarks have similar trademarks that have been registered or are applying for registration. At this time, those that are similar to yours Whether a trademark with a similar trademark name will hinder your trademark registration is a very professional job. He needs rich experience to make an accurate judgment. However, some agencies do not have such professional quality at all, and If you want to attract customers and help them register, you can imagine what you will get after two years.
3. Blind spot registration: It is the blind spot in trademark search. For example, I want to see which trademark applications were submitted yesterday or the day before yesterday, but under the existing technical conditions, I cannot search. Risks have arisen, so how to solve them? The best way to deal with blind spots is tracking and query services, which can track and query the information submitted for trademarks in a timely manner and minimize the risks of trademark registration.
So when choosing an agency, you must choose a company with deep qualifications and high professional quality, so that you can avoid risks as much as possible and improve the success rate of trademark registration.
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