Information required for trademark registration in Guangzhou 1. To apply for registration in the name of an enterprise, a copy of the business license shall be provided, and the official seal shall be affixed to the copy of the business license;
2. To apply for registration in the name of an individual, provide a copy of 1 personal ID card and a copy of the business license of individual industrial and commercial households, which shall be stamped with the official seal;
3. Provide trademark words or patterns, and if color protection is needed, color patterns are also needed;
4. The goods/services to be registered can be filled in according to the goods or services operated by the applicant, with reference to the ninth edition of the International Classification of Goods and Services for Trademark Registration (Nice Classification) and the similar classification of goods and services revised by the Trademark Office according to the above international classification;
5. Provide a power of attorney for trademark agency with official seal or signature, which can be downloaded from this website; In particular, the address in the trademark power of attorney should be exactly the same as the registered address in the business license.
How much is the trademark registration fee in Guangzhou (for reference only)? The registration fee is charged by category and quantity. The cost of each trademark in each category is:
1900 yuan (ten-year validity period, including ten-year fees, domestic companies or individuals, including 1000 national fees and 900 agency fees).
3,000 yuan (ten-year validity period, including ten-year fees, foreign enterprises or individuals, including 1 0,000 national fees and 2,000 agency fees).
Guangzhou trademark registration process Detailed trademark registration process I. Formal review
After formal examination, if the application procedures are complete and the application documents are filled in accordance with the regulations, the Trademark Office will issue a notice of acceptance.
If the application procedures are incomplete or the application documents are not filled in as required, a notice of rejection shall be issued and returned, and the application date shall not be retained.
If the application procedures are basically complete or the application documents basically meet the requirements, but need to be corrected, the Trademark Office will issue the Notice of Correction of Trademark Registration Application. If the applicant makes corrections within the time limit and returns them to the Trademark Office, the date of application shall be kept; If it is not corrected or corrected within 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 II. Substantive inspection
Trademark applications enter substantive examination after passing formal examination. After substantive examination, the Trademark Office shall preliminarily examine and approve the trademark application that meets the relevant provisions of the Trademark Law and make an announcement.
If the application is rejected, a notice of rejection shall be issued to the applicant.
If the Trademark Office considers that the contents of the application for trademark registration can be modified, it shall issue an examination opinion. If the applicant gives a reply within the time limit, the Trademark Office will continue the examination.
A trademark that has been preliminarily examined and approved shall be announced by the China Trademark Office in the Trademark Announcement.
Within three months from the date of announcement, anyone may raise an objection to the trademark preliminarily approved by the China Trademark Office.
If it is ruled that there is no objection or the objection is untenable, the China Trademark Office will approve the registration, issue a trademark registration certificate, and make an announcement in the Trademark Announcement; If the objection is established, the registration shall not be approved.
Review request
In the process of trademark registration, if the applicant is not satisfied with the rejection of the trademark registration application by the Trademark Office, he may request a reexamination to the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board shall make a final decision on approval or disapproval of registration and notify the applicant in writing. If a party refuses to accept the objection ruling of the Trademark Office, he may request a review to the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board shall make a final decision and notify the parties in writing.
Conditions for Guangzhou to apply for registration of a trademark (1) A trademark applied for registration must have constitutive requirements;
(2) The trademark applied for registration shall be significant;
(3) A trademark applying for registration shall not use any sign prohibited by law.
(4) The trademark applied for registration shall not be the same as or similar to the trademark registered or preliminarily approved by others on the same or similar goods or services.
(5) The trademark applied for registration shall not be the same as or similar to the registered trademark that has been revoked or cancelled for less than one year.
Guangzhou registered trademark upper right corner? r？ And then what? TM？ According to the revised Detailed Rules for the Implementation of the Trademark Law, there are only three ways to mark a registered trademark, that is, add a note after the registered trademark: a? Registered trademark? Four Chinese characters, b,? Notes? Put a circle outside the word c, r？ Put a circle outside R, except for that, any other marking method is not in compliance with the law. ? Notes? It is a Chinese character, which is obviously not as popular as (r) in the world, so we suggest that (r) is the best symbol.
TM is the abbreviation of trademark. American trademarks are usually marked with TM, which does not necessarily refer to registered trademarks. R is the abbreviation of REGISTER, which means registered trademark when used in trademark. According to the implementation regulations of China's trademark law, the use of registered trademarks can be indicated on commodities, commodity packages, manuals or other accessories? Registered trademark? Or a registration mark. The use of a registered trademark shall be marked in the upper right corner or the lower right corner of the trademark. So TM and R are trademarks of different countries and have no special relationship. Some domestic companies do not understand the legal provisions, blindly imitate American companies, and use TM marks on trademarks.
What trademarks can Guangzhou apply for registration? The trademark applied for registration shall be distinctive, and prohibited words and graphics shall not be used.
Article 9 of the Trademark Law stipulates that a trademark applied for registration shall have distinctive features and be easy to identify? . The requirement that a trademark must have distinctive features is determined by its identification function. When a trademark is used in the market, consumers should clearly know that it is a trademark, not a decoration or explanation. Therefore, trademarks must have distinctive features and be easy to identify.
Except for distinctiveness, according to Articles 10 and 11 of the Trademark Law, a trademark may not use the following words and figures:
(1) It is forbidden to use the same or similar trademarks as the national name, national flag, national emblem, military flag and medal of People's Republic of China (PRC).
(2) It is forbidden to use trademarks that are identical with or similar to foreign names, national flags, national emblems and military flags. Except those agreed by the government.
(3) identical with or similar to the name, flag or emblem of an intergovernmental international organization. Except with the consent of the organization or not easy to mislead the public.
(4) identical with or similar to the official mark or inspection mark indicating the implementation of control and guarantee. Except those authorized.
(5) the same? Red Cross? 、? Red moon? Logo and name are the same or similar.
(6) the common name and figure of the commodity.
The generic name of this commodity refers to the name of a certain kind of commodity commonly used in a certain range. It is forbidden to use the common name and figure of a commodity as the trademark of the commodity, on the one hand, because it cannot distinguish different operators and is not significant; On the other hand, it is to prevent generic names and graphics from being monopolized unfairly.
However, this name or figure can be approved if it is combined with prominent signs to apply for registration.
(seven) directly indicating the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods.
Words or graphics that directly indicate the quality, main raw materials, functions, uses, weight and quantity of goods or services are descriptive words or graphics commonly used by operators in their goods or services, which belong to the category of * * * *, and exclusive monopoly should be prohibited. If the words or graphics of a trademark indirectly describe or only imply the quality of the goods or services it uses, or other parts of the trademark are significant, it can be registered.
(8) ethnic discrimination.
(9) exaggerating propaganda is deceptive.
The words, graphics or their combination of trademarks exaggerate and publicize the quality, main raw materials, functions, uses, weight and quantity of the goods and services used by them, which are deceptive and are prohibited from being used as trademarks. But those who exaggerate but are not deceptive are not subject to this restriction.
(10) is harmful to socialist morality or has other adverse effects.
Any behavior that violates social public interests and public order and socialist morality is prohibited by this clause.
(1 1) The geographical names of administrative divisions at or above the county level or foreign geographical names known to the public shall not be used as trademarks, except that the geographical names have other meaning or are part of collective trademarks or certification trademarks.
Geographical name trademarks are easily regarded as indicating that goods and services come from a certain place, lacking the function of distinguishing different operators and not suitable for monopoly. Therefore, it is one of the international practices to prohibit the use of place names as trademarks.
In addition to the above, the Trademark Law also requires that the trademark applied for registration shall not infringe upon other people's prior rights such as copyright and patent right of design, and shall not copy or imitate other people's well-known trademarks.
Guangzhou trademark registration related articles:
1. Guangzhou registered international trademark
2. Guangzhou Company 20 16 Trademark Registration
3.2065438+2006 Materials Required for Guangzhou Trademark Registration
4.2065438+2006 Detailed Process and Expenses of Guangzhou Registered Trademark
5. Guangzhou applied for trademark registration
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