What is the process required for trademark registration in China this year? How long does it take to register a trademark? The editor has brought you relevant knowledge about "domestic trademark registration", which may include you need. What are the regulations on the trademark registration process and time?
1. Design? Before applying for trademark registration, you can entrust our company or design by yourself. The following points should be paid attention to when designing a trademark: (1) Originality, that is, the design of the trademark must be innovative; on the one hand, it must meet the requirements of distinctiveness, and on the other hand, a creative trademark can easily expand the popularity of the product and quickly occupy the market. (2) The name of the trademark should avoid being associated with the function of the product. (3) The design of the trademark should highlight the theme and be reasonably laid out.
2. Inquiry? Trademark inquiry usually refers to an inquiry about trademark information conducted by a trademark registration applicant before applying to register a trademark, in order to understand whether there are any prior trademark rights that may conflict with the trademark he is applying for. . It takes a long time for a trademark to be applied for and approved for registration. If the trademark registration application is rejected, on the one hand, the trademark registration fee will be lost, and on the other hand, it will take longer to reapply for a registered trademark, and it is still unknown whether the re-application will be approved for registration. Therefore, it is best for applicants to conduct a trademark search to understand the status of prior rights before applying to register a trademark. There are two types of inquiry services: one is internal inquiry service; the other is agency government inquiry service, which takes 7-14 working days.
3. Application? Submit the trademark registration application documents to the Hong Kong Intellectual Property Department.
4. Acceptance? After the Hong Kong Intellectual Property Department receives the trademark registration application materials, it will give an application number and issue an acceptance notice. It will take about one week.
5. Review? Trademark review is divided into two processes: formal review and substantive review. Formal examination means that before examining the application, the Trademark Registry will examine the application form and all attachments in detail to see whether the required parts of the form have been completed, whether the relevant information is correct, and whether the required information is incomplete. If everything is in order, the application process will enter the next stage (substantive examination stage). After the substantive examination is completed to check the deficiencies of the application and confirm that all the information is complete, the Trademark Registry will check the trademark records to determine whether other merchants have registered or applied for registration of the same or similar goods or services. 's trademark. The Trademark Registry will also check whether the trademark concerned complies with the registration requirements stipulated in the Trademark Ordinance. If approved, the application process will enter the next stage (the gazette announcement stage).
6. Announcement? After the Trademark Registry approves the application, it will be announced in the Hong Kong Intellectual Property Gazette for a period of three months. If no one raises any objection, the trademark can be successfully registered.
7. Registration? If there is no objection to the trademark announcement or the objection is ruled untenable, the registration is successful. Under normal circumstances, it takes about 6 months to obtain the registration certificate. After successful registration, it will be valid for 10 years and can be renewed on time six months before expiration. What are the trademarks that can be applied for registration?
The trademark applied for registration should be distinctive, and prohibited words and graphics are not allowed
Article 9 of the "Trademark Law" stipulates:? What trademarks are applied for registration? A trademark should have distinctive features and be easy to identify? The requirement that a trademark must have distinctive features is determined by the identification function of the trademark. When a trademark is used in the market, it should be obvious to consumers that it is a trademark rather than decoration or description. Therefore, having distinctive features and being easy to identify are necessary conditions that a trademark should have.
In addition to being distinctive, in accordance with Articles 10 and 11 of the Trademark Law, the following words and graphics may not be used in trademarks:
(1) Same as the People's Republic of China* **If the name, national flag, national emblem, military flag, or medal is the same as or similar to that of the country, it shall not be used as a trademark.
(2) If it is the same as or similar to the name, national flag, national emblem or military flag of a foreign country, it shall not be used as a trademark. Except with the consent of the government of that country.
(3) Identical or similar to the name, flag, or emblem of an intergovernmental international organization. Except with the consent of the organization or if it is not likely to mislead the public.
(4) Is the same as or similar to the official mark or inspection mark indicating the implementation of control and guarantee. Except with authorization.
(5) The same or similar symbols or names as the Red Cross or the Red Crescent.
(6) The common name and graphics of this product.
The common name of this product refers to the name of a certain type of product that is commonly used within a certain range. Common names and graphics of goods are prohibited from being trademarks of this product. On the one hand, they cannot distinguish different operators and are not distinctive; on the other hand, they are to prevent generic names and graphics from being unfairly monopolized. However, such name or graphics may be approved if applied for registration in combination with a distinctive mark.
(7) Directly express the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods. Text or graphics that directly represent the quality, main raw materials, functions, uses, weight, quantity and other characteristics of goods or services are descriptive text or graphics commonly used by operators on their goods or services, and are for personal use. Within the scope, exclusive monopoly should be prohibited. If the words or graphics of a trademark indirectly describe or merely imply the quality and other characteristics of the goods or services used, or if other parts of the trademark are distinctive, registration can be approved.
(8) Ethnically discriminatory.
(9) Exaggerated and deceptive propaganda. If the words, graphics or combinations of trademarks exaggerate and promote the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods or services used, and are deceptive, they shall not be used as trademarks. However, exaggeration without deception shall not be subject to this restriction.
(10) Harmful to socialist morals or have other adverse effects. Anything that violates social public interests and public order, or violates socialist moral concepts, is prohibited by this clause.
(11) Place names of administrative divisions at or above the county level or foreign place names known to the public shall not be used as trademarks, except where the place names have other meanings or are part of collective trademarks or certification marks.
Trademarks with geographical names are easily considered to indicate that goods and services originate from a certain place. They lack the function of distinguishing different operators and are not suitable for monopolization by one company. Therefore, it is an international practice to prohibit place names from being used as trademarks.
In addition to the above, the Trademark Law also requires that the trademark applied for registration shall not infringe the prior rights of others, such as copyright, design patent rights, etc., nor may it plagiarize or imitate other people's well-known trademarks. What to pay attention to when using a registered trademark
The use of trademarks includes using the trademark on goods, product packaging or containers, and commodity transaction documents, or using the trademark in advertising, exhibitions, and other production activities. Sales invoices, contracts and other commercial documents are an important part of commodity trading activities. The use of trademarks in these commercial documents should be regarded as "use" of the trademark. Whether verbal use in business activities is considered "use" needs to be comprehensively determined in conjunction with other usage situations.
Registrants should pay attention to the following issues when using registered trademarks:
First of all, the exclusive right to register a trademark is limited to the approved registered trademark, that is, the trademark logo used should be consistent with the approved registered trademark. The trademark logo must be consistent and can only be enlarged or reduced proportionally. The text, graphics and color of the trademark must not be changed on its own.
Since Chinese characters and letters have different fonts, and the appearance of various fonts for the same character can sometimes be very different, such as simplified and traditional Chinese characters, uppercase and lowercase English letters, etc., what registration is required? Just use whatever font you want. Sometimes the registrant changes the font of the trademark for aesthetic reasons or other reasons, such as changing it from bold to italic. Such subtle changes are still allowed in practice.
The same is true for the graphics in the trademark. Minor changes, such as adding a box, circle or certain lines to the registered trademark, are allowed. However, if the text or graphics are significantly changed to form a different appearance, it may constitute changing the registered trademark on your own or even counterfeiting the registered trademark. What's more serious is that if the changed appearance is similar to someone else's registered trademark, it may also constitute a trademark violation. At the same time, if the trademark used is different from the approved and registered trademark, it may also have an adverse impact on the protection of the trademark, because the protection of exclusive rights for registered trademarks is based on the approved and registered trademark, not the actual trademark used.
Secondly, the registered trademark must be used on the goods and services approved for use. Applications for trademark registration must be submitted separately according to different categories according to the provisions of the "Classification Table of Similar Goods and Services". After approval, the goods or services approved for use shall prevail. If a registered trademark needs to be used on other goods or services of different categories, a separate registration application must be submitted.
If the goods or services actually used exceed the scope of goods or services approved for use, or are used across categories, no registration mark should be added, otherwise it will be considered an act of passing off a registered trademark. If it is the same as or similar to someone else’s registered trademark on similar goods or services, you will also bear legal liability for trademark infringement.
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