The registration of food trademarks is also conditional. What are the conditions for registration of food trademarks? How to register a food trademark? The editor has brought you relevant knowledge about the "conditions for registration of food trademarks". There may be what you need. Conditions that food trademarks applying for registration should meet
(1) The trademarks applied for registration must have constituent elements;
(2) The trademarks applied for registration should be distinctive;
(3) The trademark applied for registration shall not use signs prohibited by law.
(4) The trademark applied for registration shall not be identical or similar to the trademark that has been registered or preliminarily approved by others for the same or similar goods or services.
(5) The trademark applied for registration shall not be identical or similar to a registered trademark that has been revoked or canceled for less than one year. What information is needed for food trademark registration?
To apply for trademark registration, the "Trademark Registration Application" and other documents should be submitted to the Trademark Office. The specific requirements are:
1. The applicant must press According to the principle of applying for one trademark for one category of goods, submit one "Application for Trademark Registration". That is to say, the goods or services reported in an application can only be limited to one category in the "International Classification of Goods and Services for Trademark Registration". If you entrust a trademark agency to handle the matter on your behalf, you should also submit a "Trademark Agency Power of Attorney".
2. The "Application for Trademark Registration" should be filled out neatly, and the applicant's name and address should be accurate.
3. Each application should be accompanied by 10 trademark drawings (color trademarks in specified colors, 10 colored drawings, and 1 black and white ink drawing).
4. Present a copy of the business license of the enterprise or provide a copy of the business license signed and sealed by the issuing authority. If you apply for a registered trademark in the name of a natural person, you should provide the corresponding identity document.
5. Application documents should be in Chinese, and foreign language documents should be accompanied by Chinese translations.
6. When applying for registration of a trademark using a portrait, the applicant must provide a letter of authorization from the owner of the portrait right and it must be notarized by a notary public.
7. If a foreign applicant claims priority, he must fill in the initial filing country, initial filing date and application number on the application form, and must submit priority certification documents to the Trademark Office within 3 months. Failure to submit supporting documents will be deemed to have not claimed priority.
8. When applying for collective trademark or certification trademark registration, you must also provide the corresponding articles of association and subject qualification certificate. Can a company name be registered as a food trademark?
Our country allows company names to be registered and used as trademarks.
According to the spirit of my country’s trademark law, company names can be registered as trademarks. However, when an applicant uses the name of an enterprise as a trademark, the enterprise name must contain a significant part, and the enterprise name applied for as a trademark should be completely consistent with the name registered on the applicant's business license.
In the application for registration documents, the applicant may not indicate the relinquishment of exclusive rights for non-significant parts in the application. Because the administrative divisions, industries and corporate organizational forms of these signs cannot be exclusively used by a certain operator, they will be regarded as automatically giving up the exclusive rights during the trademark registration review process, and there is no need to specifically indicate the abandonment.
It should be noted that this kind of overall trademark registration with a company name is not conducive to the company's future transfer, licensing, and change of company name, etc. Detailed process for registering food trademarks
Trademark registration process 1. Formal review
After formal review, the application procedures are complete and the application documents are filled in as required, the Trademark Office will issue an acceptance notice.
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.
Food trademark registration conditions Trademark registration