A company in Chengdu needs to apply for trademark registration. How should it go about the application process now? Let’s take a look at the Chengdu trademark application process brought to you by the editor below. Perhaps one of them is There is what you need.
What are the trademark registration procedures?
1. Registration preparation
Choose the registration method
One is to go to the State Administration for Industry and Commerce by yourself Apply for registration with the Trademark Office; the other is to entrust an experienced trademark agency to organize agency services.
2. Prepare materials
Prepare 10 trademark drawings (for color trademarks of specified colors, 10 colored drawings and 1 black and white ink drawing should be submitted), the length and width should not be greater than 10 centimeters, not less than 5 centimeters. If the direction of the trademark pattern is unclear, arrows should be used to mark the upper and lower parts; if an individual applies, he or she must present his or her ID card and submit a copy plus a copy of the individual business license and the business scope must be consistent with the registered trademark; If the application is from an enterprise, a copy of the enterprise's "Business License" must be presented and submitted; a trademark registration application form with the official seal of the unit shall be submitted.
3. Start applying
4. Submit an application according to the classification of goods and services
Currently, goods and services are divided into 45 categories, among which goods 34 categories, 11 categories of services. When applying for registration, the category of goods or services for which the trademark is used should be determined according to the classification of the goods and services classification table; if the same applicant uses the same trademark on different categories of goods, he should file registration applications according to different categories.
5. Determination of the filing date
This is the most important point: Since China’s trademark registration adopts the first-to-file principle, once you have a dispute over trademark rights with other companies, the filing date will be determined. Prior companies will be protected by law. Therefore, it is very important to establish the filing date. The filing date shall be the date when the Trademark Office receives the application.
The next step is the three procedures of trademark review, preliminary review announcement, and registration announcement. It should be emphasized that a trademark that has passed the preliminary review by the Trademark Office can be registered only if no one raises objections three months after the announcement. The trademark is protected by law. The validity period of a registered trademark is ten years, calculated from the date of approval of registration. If the validity period expires and you need to continue to use it, you can apply for trademark renewal registration.
6. Receive the trademark registration certificate
After the trademark is registered, the Trademark Office issues a certificate to the registrant.
If the agent is organized through an agency, the agent will send the "Trademark Registration Certificate" to the registrant; if the registration is done directly, the registrant should arrive at the registrant within three months after receiving the "Notice of Collecting the Trademark Registration Certificate" When collecting the certificate from the Trademark Office, you should also bring: a letter of introduction for obtaining the trademark registration certificate, the ID card of the person receiving the certificate and its copy, the original copy of the business license and a copy stamped with the seal of the local industrial and commercial department, the notice for obtaining the trademark registration certificate, the trademark If the name of the registrant is changed, a change certificate issued by the industrial and commercial department must be attached.
Note: It usually takes about one to three and a half years from application to issuance of a newly applied trademark, of which application acceptance and formal review takes about one month, and substantive review takes about 24 to 30 months. , the objection period is three months, and it takes about two months from the approval announcement to the issuance of the certificate.
What is the application procedure for famous trademarks?
The application procedures for famous trademarks are:
1. Application: To apply for the recognition of provincial famous trademarks, you should apply to the industrial and commercial administration of the provincial capital. The Bureau submits an application, and the Trademark Management Office of the Bureau is specifically responsible for accepting the application. When applying for a famous trademark, the applicant should fill in the "Provincial Famous Trademark Recognition Application Form", provide relevant materials, and provide valid certification documents for the past three years.
2. Recommendation: After accepting the application, the Municipal Administration for Industry and Commerce deems that it meets the conditions for provincial famous trademark recognition, and then signs a recommendation opinion and recommends it to the Provincial Famous Trademark Recognition Committee; if it considers that it does not meet the conditions for recognition, it will not be approved. Recommendations are made and applicants are notified.
3. Recognition: The Provincial Administration for Industry and Commerce organizes and establishes the Provincial Famous Trademark Recognition Committee, which is responsible for the recognition of famous trademarks in the province. If it is recognized as a provincial famous trademark, the Provincial Administration for Industry and Commerce will issue a "Provincial Famous Trademark Certificate" and make an announcement; if it is not recognized, the Provincial Administration for Industry and Commerce will return the materials and explain the reasons in writing.
4. Extension: The validity period of a famous trademark is three years. If it is necessary to retain the title of "Provincial Famous Trademark" after the validity period, the trademark owner should submit an application for extension three months before the expiration of the famous trademark. The filing and examination of the application shall be subject to the initial recognition procedure of the famous trademark.
What are the ways to apply for well-known trademarks? What are the methods for applying for well-known trademarks in my country?
my country uses the internationally accepted "passive identification" and "case-by-case identification" as the identification principles. Two channels for administrative recognition and judicial recognition have been established, and there are only two agencies for determination: 1. The State Administration for Industry and Commerce (including the State Trademark Office and the Trademark Review and Adjudication Board), 2. The court. The specific application channels are as follows:
(1) Application in trademark opposition
Trademark opposition refers to a trademark that has been initially reviewed by the Trademark Office. Before obtaining the registered trademark certificate, the Trademark Office first announces it. During the announcement period, anyone can Raise an objection on reasonable grounds. If during the process of filing an objection, you point out that the trademark may constitute an infringement of your own trademark, and at the same time apply for recognition as a well-known trademark. This method is relatively direct, with few intermediate links. You can apply directly to the Trademark Office, get approval faster, and the application fee is relatively low. However, the prerequisite must be that there is a trademark that is identical or similar to the trademark to be applied for as a "well-known trademark" within the announcement period.
Application authority: National Trademark Office
Prerequisite: There must be a trademark that is identical or similar to the trademark to be applied for as a "well-known trademark" during the announcement period. General requirements for the announced trademark It is not of the same category as the well-known trademark to be applied for.
(2) Application in trademark dispute
Trademark dispute refers to a trademark that has been registered. Due to some legal reasons, others think that it has infringed on their own trademark and file a lawsuit against the trademark. The Bureau proposed to cancel the registered trademark. During the process of filing for revocation, you can also apply to recognize your trademark as a well-known trademark. The difference between this method and the previous method is that you need to apply to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce. The prerequisite is that there is a registered trademark that is identical or similar to the trademark for which the well-known trademark is to be applied, has been registered in other categories, and is within the five-year dispute period.
Application authority: Trademark Review and Adjudication Board of the State Administration for Industry and Commerce
Prerequisite: There must be a registered trademark that is the same as or similar to the trademark for which the well-known trademark is to be applied, and within the five-year dispute period In general, such situations are rare.
(3) Apply in trademark management. If a trademark is counterfeited, it will reflect that the trademark is a best-seller. ?Based on this point, when the local industrial and commercial bureau finds that there are many infringements of the trademark rights during the anti-counterfeiting process, it can determine the trademark as a well-known trademark based on the application of the party concerned.
Application agencies: Local industrial and commercial bureaus at the provincial and municipal levels and the National Trademark Office
This method is the most troublesome. Generally, you must first apply to the industrial and commercial bureau at the regional level, and then apply again. Submit it to the provincial industrial and commercial bureau, and then the provincial industrial and commercial bureau to the National Trademark Office. Finally, the national trademark office will determine whether it is a well-known trademark. If it is counterfeiting investigated and dealt with by the county-level industrial and commercial bureau, more agencies will be involved. The first-level industrial and commercial bureau has to go through it one by one. The intermediate steps are many and take a long time, at least one year.
(4) Identification in litigation cases
The court’s decision to identify well-known trademarks is simple, low-cost, and easy to operate. Well-known trademarks identified by the court have become increasingly common. Way.
Application authority: Court
The court can generally determine in these two types of cases: 1. The name of a well-known trademark has been registered as a domain name by others, 2. The well-known trademark has been infringed and used by others. The general requirement for this use is to use the trademark on different categories of trademarks. If the same product is used, it is easy to be determined as a trademark infringement, and it cannot be applied for a well-known trademark based on this case.
The above is the "Chengdu Trademark Application Process" provided by the editor. I hope you will like it!
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