A company in Shanghai is applying for trademark registration. How should it go about the process now? The editor has compiled the Shanghai trademark registration process to share with you, for reference only!
Registering a trademark Process
Trademark registration process 1. Formal review
If the formal review is completed, 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.
The Importance of Trademark Registration
Trademarks actually play a very important role. Many companies may ignore the importance of trademarks, which results in being accused of not registering a trademark. Other companies rush to register trademarks and make them the property of others. Some people think that everything will be fine after registering with the Industrial and Commercial Bureau. In fact, this is not the case. The registration of a company name and the trademark of a product are separate matters and should not be confused. The company is registered with the Industrial and Commercial Bureau. The name cannot be the same in one place, but the trademark is different. If you have company A in place A, other companies can no longer use the name a, but can use the name b. If both a and b have registered trademarks, then it is illegal for a to use b's trademark, and if a uses b's trademark to advertise, it will also be punished by law.
Some people think that our company’s products are not big brands, so how can they be registered by others? This involves the issue of trademark registration. In fact, no matter how big or small a brand is, it will have corresponding brand benefits. If this brand is recognized by everyone, then its sales will be guaranteed in the chain across the country and even the world, and everyone will easily accept it.
There is a well-known hot pot brand called Haidilao, which everyone is familiar with. After their staff discovered that a restaurant in Beijing used Tiantian Haidilao for promotion, they took the restaurant to court and received a compensation of 40 RMB. Ten thousand yuan. Some businesses make mistakes because they don’t know about trademark brands. In the above example, they clearly know that there is a brand called Haidilao, and this brand is doing well. They want to use the power of this brand to win profits. This is It's illegal.
Issues to note when applying for trademark registration
1. Only individuals or groups meeting the following conditions can file trademark applications in my country:
Trademark registration applicants Must be: a legally established enterprise. Public institutions.
social groups. Individual business persons. Individual partnerships or foreigners or foreign enterprises from countries that have signed an agreement with China or participated in international treaties with the Chinese Communist Party or dealt with it in accordance with the principle of reciprocity. Meet the above conditions. When you need to obtain the exclusive right to use a trademark, you must submit a trademark registration application to the Trademark Office on a voluntary basis (since February 2007, my country's Trademark Office has restricted applications for registered trademarks by natural persons).
2. File an application according to the classification of goods and services:
Currently, my country’s trademark law implements the International Classification of Goods, which divides more than 10,000 kinds of goods and services into 45 Categories, including 34 categories of goods and 11 categories of services. When applying for trademark 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 apply for registration in different categories according to the classification of goods. This can avoid unfair expansion of the scope of application of trademark rights, and is also conducive to the approval of examiners and the protection of exclusive rights to the trademark.
3. Determination of the trademark application date:
It is very important to establish the application date. Since trademark registration in my country adopts the first-to-file principle, once the application date occurs, the order of application dates becomes the law for determining trademark rights. According to this, the application date for trademark registration is based on the date when the Trademark Office receives the application documents (the minimum unit of date is ? day?).
Can a company name be registered as a 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 the overall registration of a trademark in the name of a company is not conducive to the company's future transfer, licensing, and change of company name.
The above is the Shanghai trademark registration process provided by the editor. I hope it can be helpful to everyone.
People who read ?Shanghai Trademark Registration Process? also read:
p>
1. 2016 Trademark Registration Process
2. Personal Trademark Registration Process
3. Personal Trademark Registration Process
4. International Trademark Registration Specific Process
5. Trademark registration process and fee standards
6. Personal trademark registration process and fees
7. Trademark registration process and fees
8. Guangzhou Trademark Registration Process
9. Company Trademark Registration Process Trademark Registration