A company in Chongqing applied to register a trademark. What are the relevant procedures for applying for a registered trademark now? How to register a trademark? The editor has brought you relevant knowledge about "trademark registration". Perhaps this There's just what you need.
Trademark registration process
Trademark registration process 1. Formal review
After formal review, the application procedures are complete and the application documents are filled in in accordance with regulations, the Trademark Office will issue Send a notice of acceptance.
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.
What are the conditions for applying for trademark registration?
According to the provisions of my country’s Trademark Law, not all trademarks can be approved for registration. Only those that meet the conditions stipulated in the Trademark Law can be approved for registration. As follows:
1. The composition of the application for registered trademark. Any visible sign that can distinguish the goods of a natural person, legal person or other organization from the goods of others, including words, graphics, letters, numbers, three-dimensional signs and color combinations, as well as combinations of the above elements, can be applied for registration as a trademark .
2. The trademark applied for registration must be distinctive and easy to identify. The trademark applied for registration should have distinctive features and be easy to identify, and should not conflict with the legal rights previously obtained by others. The distinctive features mentioned in the law mean that the trademark should have obvious characteristics, making it easy for consumers to identify and distinguish it from other goods.
3. The trademark applied for registration shall not use words or graphics prohibited by law. There are many texts and graphics prohibited by law, but those that meet the above conditions 1 and 2 and do not violate social morality or the image of a national citizen can basically be registered.
How to apply for trademark registration
1. To apply for trademark registration, you should fill in the product category and product name using the trademark according to the product classification table published by the State Administration for Industry and Commerce, and apply by category. . Each trademark registration application must be submitted to the Trademark Office with a "Trademark Registration Application Form", ten copies of the trademark drawings (for color trademarks with designated colors, ten copies of colored drawings should be submitted), and a black and white ink draft.
2. The Trademark Office will examine the trademark registration applications accepted in accordance with the Trademark Law. All trademarks that comply with the relevant provisions of the Trademark Law and have distinctive characteristics will be preliminarily reviewed and announced; the decision to reject the application will be made. Give the applicant a "Notice of Rejection".
3. If the Trademark Office believes that the contents of the trademark registration application can be revised, it will issue an "Examination Opinion" and limit it to make corrections within fifteen days from the date of receipt of the notice; if no correction is made, the time limit is exceeded. Or if it still does not comply with the relevant provisions of the Trademark Law after revision, the application will be rejected and a "Notice of Rejection" will be issued to the applicant.
4. If two or more applicants apply for registration of the same or similar trademark on the same or similar goods, the trademark that was applied for first will be initially reviewed and announced; on the same day If an application is made, the previously used trademark will be initially reviewed and announced, while applications from others will be rejected and will not be announced.
5. If the trademark applied for registration does not comply with the relevant provisions of the Trademark Law or is identical or similar to another person’s trademark that has been registered or preliminarily approved for the same or similar goods, the application will be rejected by the Trademark Office. , will not be announced.
Can I write TM when applying for a trademark?
According to the revised "Implementing Rules of the Trademark Law", there are only three ways to mark a registered trademark, which is to add: after the registered trademark:
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1. "Registered Trademark" with four Chinese characters;
2. "Note" with a circle outside the word "Note";
3. "R", Add a circle outside R. Any other labeling methods are inconsistent with legal requirements. ?Note? is a Chinese character, which is obviously not as popular around the world as using (R), so we recommend that it is best to use (R).
TM is the abbreviation of TRADEMARK. American trademarks are usually marked with TM, which does not necessarily refer to a registered trademark. R is the abbreviation of REGISTER. When used in trademarks, it means registered trademark. my country's Trademark Law Implementation Regulations stipulate that when using a registered trademark, you can indicate "registered trademark" or registered mark on the goods, product packaging, instructions or other attachments. . When using a registered mark, it should be marked on the upper right corner or lower right corner of the trademark. Therefore, TM and R are trademark marks of different countries and have no special relationship. Some domestic companies do not understand the legal provisions and blindly imitate American companies and use the TM mark on their trademarks. You can write TM for a trademark that is under application, but it is generally not recommended because it will implicitly reveal that the trademark you are using has not been successfully registered and is a new brand.
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