I. Brief description
Where a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for goods or services produced, manufactured, processed, selected or distributed, it shall file an application for trademark registration with the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) according to law. There are 45 categories of goods and services registered by trademarks, including 34 categories of goods and 1 1 services. Designate the trademarks used for commodities as commodity trademarks and the trademarks used for services as service trademarks.
Second, the way to deal with it.
There are two ways to apply for registration of a commodity trademark or a service trademark:
(1) Entrust a nationally recognized trademark agency to handle it.
(2) The applicant goes directly to the trademark registration hall of the Trademark Office.
Third, the processing steps
(1) Where a trademark agency is entrusted, the applicant may voluntarily choose a trademark agency recognized by the state to handle it. All trademark agencies registered in the Trademark Office are published in the column of "Agencies".
(2) If the applicant goes directly to the trademark registration hall of the Trademark Office, he can go through the following steps:
Inquire before applying for trademark registration (optional procedure) → Prepare the application → Submit the application in the acceptance window of the trademark registration hall → Enter the receipt barcode in the coding window → Pay the trademark registration fee in the payment window → The Trademark Office will issue an acceptance notice in about one month → Make corrections to the trademark registration application (optional procedure).
4. Pre-application investigation (optional procedure)
It takes about 1.5 years for a trademark to apply for registration. If the application for trademark registration is rejected, on the one hand, the trademark registration fee will be lost, on the other hand, it will take about 1.5 years to reapply for registered trademarks, and it is still unknown whether the reapplication can be approved for registration. Therefore, before applying for a registered trademark, the applicant had better make a trademark inquiry, understand the prior rights, and make a judgment according to the inquiry results before submitting the application. Where a trademark agency is entrusted to apply for trademark registration, the trademark agency shall be responsible for the inquiry. (See "Inquiries before trademark registration application" for details. )
Verb (abbreviation of verb) Preparation of trademark registration application documents
(1) To apply for trademark registration in the name of a legal person or other organization, the following application documents shall be submitted:
1. Application for trademark registration with the official seal of the applicant.
2. 5. Trademark patterns, with clear patterns, with the length and width of specifications not less than 5cm and not more than10cm. If a color is specified, there are five color patterns, and a black and white ink draft is attached.
3. Go directly to the trademark registration hall, submit a copy of the applicant's business license and show the original business license; If the original business license cannot be produced, the applicant's seal must be affixed to the copy of the applicant's business license. Where a trademark agency is entrusted to act as an agent, a copy of the applicant's business license shall be submitted.
4. Go directly to the trademark registration hall and submit the agent's ID card and a copy; Where a trademark agency is entrusted, a power of attorney for trademark agency shall be submitted.
5. If the trademark applied for registration is a portrait of a person, it shall be accompanied by a notarized statement that the portrait owner agrees to use the portrait as a trademark registration.
(2) A natural person applying for trademark registration shall submit the following application documents:
1. Application for trademark registration signed by the applicant.
2. 5. Trademark patterns, with clear patterns, with the length and width of specifications not less than 5cm and not more than10cm. If a color is specified, there are five color patterns, and a black and white ink draft is attached.
3. Go directly to the trademark registration hall, submit a copy of the applicant's ID card or passport, and show the original ID card or passport; Where a trademark agency is entrusted, a power of attorney for trademark agency and a copy of the applicant's ID card shall be submitted.
4. Where the trademark applied for registration is a portrait of a person, a notarized statement that the portrait owner agrees to use the portrait as a trademark registration shall be attached.
(3) Specific requirements for filling in an application for trademark registration
1. According to Article 15 of the Regulations for the Implementation of the Trademark Law, the application for trademark registration and other relevant documents shall be typed or printed. For handwritten trademark applications, the Trademark Office will not accept them;
2. The name and address of the applicant for trademark registration shall be filled in according to the business license. If the address in the business license does not indicate the name of the province, city or county where the enterprise is located, the applicant must add the name of the province, city or county before its address. The official seal shall be completely consistent with the enterprise name on the business license;
3, goods or services should be in accordance with the "classification of goods and services" or "similar goods and services to distinguish the table" to fill in the name of the specification, an application can only fill in a class of goods or services. If the commodity name or service item is not included in the classification table, a description of the commodity or service item shall be attached.
4. If the applicant is a natural person, the applicant's name and ID number shall be filled in after the name; The address of the applicant can be filled in with the actual address or mailing address of a natural person.
5. If the trademark applied for registration is not a three-dimensional trademark, a color group trademark or a trademark, the applicant shall tick "√" in the box before "General" in the trademark category column.
The intransitive verb pays the trademark registration fee.
Within a category of 10 commodity name or service item, the fee for each trademark registration application is 1000 yuan, and if it exceeds 10 (excluding 10), each item will be charged 100 yuan.
Where a trademark agency is entrusted, the applicant shall pay the trademark registration fee and agency fee to the trademark agency, and the trademark registration fee charged by the Trademark Office shall be deducted from the advance payment of the trademark agency.
VII. Procedures for applying for trademark registration (non-essential procedures)
(a) a brief description
1. Where an application for trademark registration is made directly in the trademark registration hall, the application procedures are basically complete or the application documents basically meet the requirements, but it needs to be corrected, the Trademark Office shall notify the applicant in writing to make corrections. The applicant shall, within 30 days from the date of receiving the notice, make corrections according to the specified contents and return them to the Trademark Office. If no correction is made within the time limit, the application shall be deemed to have been abandoned.
2. Where a trademark agency is entrusted to apply for trademark registration, the application procedures are basically complete or the application documents basically meet the requirements, but need to be corrected, the Trademark Office shall notify the trademark agency in writing to make corrections. The trademark agency shall, within 30 days from the date of receiving the notice, make corrections according to the specified contents and return them to the Trademark Office. If no correction is made within the time limit, the application shall be deemed to have been abandoned.
(2) Precautions
1. When the applicant makes corrections to non-standard and unspecified goods or services as required, it may make corrections or delete them. At the time of revision, the specification name should still be filled in the form of distinguishing similar goods and services, but the scope of goods or services should not be expanded.
2. Where the trademark pattern is unclear or the trademark description should be filled in, the applicant shall make corrections according to the requirements of the Trademark Office, and shall not make substantial changes to the trademark, otherwise it will be deemed invalid.
3. If the applicant makes corrections as required, it shall be stamped with the official seal of the applicant. If the applicant is a natural person, it shall be signed by himself. Where a trademark agency is entrusted to apply for trademark registration, the official seal of the trademark agency shall be affixed.
Eight, part of the trademark registration application rejection procedures (non-essential procedures)
(a) a brief description
Article 21 of the Regulations on the Implementation of the Trademark Law stipulates that the Trademark Office shall preliminarily examine and approve the applications for trademark registration accepted, and make an announcement if the applications for trademark registration of some designated commodities meet the requirements; If the application for registration of trademark use on some designated commodities does not meet the requirements, the application for registration of trademark use on some designated commodities shall be rejected, and the applicant shall be notified in writing and the reasons shall be explained. Where the Trademark Office preliminarily examines and approves the application for trademark registration on some designated commodities, the applicant may apply for abandoning the application for trademark registration on some designated commodities before the expiration of the objection period; Where an application is made to abandon the registration application for using a trademark on the goods specified in this part, the Trademark Office will withdraw the original preliminary examination and approval, terminate the examination procedure and make a new announcement. Therefore, this procedure is not a necessary procedure for substantive examination of trademarks.
(2) treatment
The notice of partial rejection of trademark registration is printed by the Trademark Office and sent directly to the applicant by registered mail. If it is represented by a trademark agency, it shall be sent to the trademark agency (except for the self-invitation).
If the notice of partial rejection of trademark registration is not delivered to the applicant or trademark agency for some reason and is returned by the post office, the Trademark Office will publish the Notice of Partial Rejection of Trademark Registration in the Trademark Announcement, which will be deemed to have been delivered within 20 days from the date of announcement. If you go through the relevant formalities in the Trademark Office within/0/5 days from the date of service, you will be allowed to resume legal procedures, otherwise it will be regarded as giving up your rights.
Nine, matters needing attention
1. When filling out the application for trademark registration, the applicant shall fill in the address according to the business license. After submitting the application, the Trademark Office will send it to the applicant by registered mail at this address if there are any matters such as correction, rejection or partial rejection, preliminary examination and announcement, and obtaining the trademark registration certificate. If the actual address of the applicant does not match the business license address, the business license address shall be changed before submitting the application. If the address changes after the application for trademark registration is submitted, the application for address change can be handled with the changed business license and corresponding procedures. If the applicant's address is not postal, it is best to entrust a trademark agency to handle trademark registration applications and other matters.
2. After receiving the application, the Trademark Office, after formal examination, considers that the formalities are complete and the specifications are filled in, and generally sends the Notice of Acceptance to the applicant by registered mail one month later. Where an application for trademark registration is entrusted to a trademark agency, the Trademark Office will mail the Notice of Acceptance to the trademark agency. The notice of acceptance only indicates that the application for trademark registration has been accepted by the Trademark Office, but it does not mean that the application has been approved.
3. If the application for trademark registration is rejected, the applicant may apply to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce for reexamination within 15 days from the date of receiving the notice of rejection.
4. If the trademark applied for registration is challenged, and the applicant is not satisfied with the ruling of the Trademark Office, he may apply to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce for reexamination within 15 days from the date of receiving the ruling of objection.
5. It takes about 1.5 years for a trademark to apply for a trademark registration certificate without any application for correction or objection. Where an application for trademark registration is directly made in the trademark registration hall after the trademark is approved and registered, the Trademark Office shall send a Notice of Obtaining a Trademark Registration Certificate according to the name and address of the applicant filled in the application for trademark registration; Where an application for trademark registration is entrusted to a trademark agency, the Trademark Office will mail the Notice of Obtaining a Trademark Registration Certificate to the trademark agency.
6. If the applicant has not received any information within 1 year and a half from the date of submitting the application for trademark registration, he can make a free inquiry to the Trademark Office after applying for trademark registration. An application for trademark registration entrusted by a trademark agency must be inquired by the trademark agency free of charge after filing a trademark application with the Trademark Office. (See "How to inquire after trademark application" for details. )
7. A trademark after the application is filed but before the registration is approved is still an unregistered trademark, and it must still be used as an unregistered trademark. Where the use of a trademark infringes upon the exclusive right of others to use a trademark, it shall not affect the investigation and punishment of the act by the relevant administrative authorities for industry and commerce.
8. If the applicant needs to inquire about the trademark, he can go to the inquiry window of the trademark registration hall before applying. The prior right information provided by the inquiry is only for the reference of the inquirer, and the acceptance window of the trademark registration hall is not responsible for interpretation.
9. The period of validity of a registered trademark is 10 years, counting from the date of approval of registration. Where it is necessary to continue to use a registered trademark after its expiration, the registrant shall apply for renewal of registration within 6 months before the expiration. If the registrant fails to apply for renewal within this period, he may apply for renewal within a grace period of 6 months after the expiration, but he shall pay a late fee for renewal of registration. If no application for renewal is filed at the expiration of the extension period, the Trademark Office will cancel the registered trademark; If the registrant wants to continue to use the registered trademark, he must apply for registration again.
X. special statement
(1) The above contents are not official documents issued by the State Administration for Industry and Commerce or the Trademark Office of the State Administration for Industry and Commerce. So all the contents are instructive and not legally binding.
(2) The above contents were completed in June 5438+February 2003. If there is any change in the future, or it is inconsistent with the requirements of the receptionist in the trademark registration hall, the requirements of the receptionist shall prevail.
4. How to apply for registration of certification trademark or collective trademark?
I. Brief description
A certification trademark refers to a mark controlled by an organization with the ability to supervise goods or services and used by units or individuals outside the organization to prove the origin, raw materials, manufacturing methods, quality or other specific qualities of the goods or services. A certification trademark shall be registered by an institution with regulatory capacity and used by others other than it. The registrant cannot use it. It is a sign that a commodity or service itself comes from a certain place of origin or has a certain quality. As long as the goods or services provided by the parties meet this specific quality, and the registrant has fulfilled the prescribed procedures, the certification trademark can be used, and the registrant may not refuse. A certification trademark is a trademark used by many people. Therefore, it is necessary to formulate unified management rules for its registration, use and management, and make them public for the common supervision of all sectors of society, so as to protect the specific quality of goods or services and protect the interests of consumers.
A collective trademark refers to a sign registered in the name of a group, association or other organization for members of the organization to use in business activities to show the membership of users in the organization. A collective trademark is not the trademark of a single enterprise, but the trademark of an organization composed of several enterprises. Collective trademarks can be used for goods and services. Collective trademarks are used by members of the organization, and non-members of the organization may not use or transfer them. In order to adapt to the characteristics of "* * * possession" and "* * * use" of collective trademarks, unified rules should be formulated for their registration, use and management, and announced to the public, and collective members should abide by them under the supervision of the public.
The validity period of certification trademarks and collective trademarks is 10 years, and the exclusive right is calculated from the date of approval and registration.
Second, the way to deal with it.
There are two ways to apply for registration of certification trademarks or collective trademarks:
(1) Entrust a nationally recognized trademark agency to handle it.
(2) The applicant goes directly to the trademark registration hall of the Trademark Office.
Third, the processing steps
(1) Where a trademark agency is entrusted to handle an application for registration of a certification trademark or a collective trademark, the applicant may voluntarily choose a trademark agency recognized by the state to handle it. All trademark agencies registered in the Trademark Office are published in the column of "Agencies".
(2) Where an applicant directly applies for the registration of a certification trademark or a collective trademark in the trademark registration hall of the Trademark Office, he may go through the following procedures:
Inquire before application (optional procedure) → prepare the application documents → submit the application documents in the acceptance window of the trademark registration hall → enter the receipt barcode in the coding window → pay the trademark registration fee in the payment window → the Trademark Office will issue an acceptance notice in about one month → make corrections to the trademark registration application (optional procedure).
4. Pre-application investigation (optional procedure)
It takes at least 1 year to register a certification trademark or collective trademark. If the application is rejected, on the one hand, the trademark registration fee will be lost, on the other hand, it will take time to reapply for registration, and it is still unknown whether the reapplication can be approved for registration. Therefore, it is best for the applicant to make a trademark inquiry before applying for registration in order to confirm whether there is a prior trademark right. Where a trademark agency is entrusted to apply for registration, the trademark agency shall be responsible for the inquiry. (See "Inquiries before trademark registration application" for details. )
Verb (abbreviation of verb) Preparation of application documents
(a) the application documents that need to be submitted to prove the trademark
1, trademark registration application.
2. Documents and photocopies proving the subject qualification of the trademark applicant, or valid photocopies stamped with the applicant's seal, and shall specify in detail the professional technicians and professional testing equipment owned by them or the institutions entrusted by them, so as to show that they have the ability to supervise the quality of the specific goods proved by the certification trademark.
3. Where a geographical indication is used as a trademark registration certificate, the following contents shall be stated in the application:
(1) The specific quality, reputation or other characteristics of the goods marked by the geographical indication;
(two) the relationship between the specific quality, reputation or other characteristics of the commodity and the natural and human factors in the area marked by the geographical indication;
(3) the area marked by geographical indications.
4. Management rules for the use of certification trademarks.
5. Trademark patterns, with clear patterns, with the length and width of specifications not less than 5cm and not more than10cm. If a color is specified, there are five color patterns, and a black and white ink draft is attached.
6. If you apply for registration directly in the trademark registration hall, you must submit the agent's ID card and a copy; Where a trademark agency is entrusted to apply for registration, a power of attorney for trademark agency shall be submitted.
7. Where the certification trademark applied for registration is a portrait of a person, a notarized statement that the portrait owner agrees to use the portrait as a trademark registration shall be attached.
(two) the application documents required to apply for a collective trademark.
1, trademark registration application.
2, the qualification certificate of the collective trademark applicant and a copy, or a valid copy of the applicant's seal.
3. Where a geographical indication is used as a collective trademark, the following contents shall be specified in the application:
(1) The specific quality, reputation or other characteristics of the goods marked by the geographical indication;
(two) the relationship between the specific quality, reputation or other characteristics of the commodity and the natural and human factors in the area marked by the geographical indication;
(3) the area marked by geographical indications.
4, collective trademark use management rules.
5. Trademark patterns, with clear patterns, with the length and width of specifications not less than 5cm and not more than10cm. If a color is specified, there are five color patterns, and a black and white ink draft is attached.
6. If you apply for registration directly in the trademark registration hall, you must submit the agent's ID card and a copy; Where a trademark agency is entrusted to apply for registration, a power of attorney for trademark agency shall be submitted.
7. Where the collective trademark applied for registration is a portrait of a person, a notarized statement that the owner of the portrait agrees to use the portrait as a trademark registration shall be attached.
(3) Specific requirements of relevant documents
1. According to Article 15 of the Regulations for the Implementation of the Trademark Law, the application for trademark registration and other relevant documents shall be typed or printed. The Trademark Office does not accept handwritten applications for certification trademarks and collective trademarks.
2. When filling in the application for trademark registration, the name and seal of the applicant shall be completely consistent with the approved or registered name. Goods or services shall be filled with standard names according to the classification table of similar goods and services, and only one type of goods or services can be filled in an application. If the name of a commodity or service is not included in the List of Similar Commodities and Services, a corresponding explanation shall be attached.
3. If the application for registration is a certification trademark, it shall be indicated in the "trademark type" column of the application for trademark registration; Where the application for registration is a collective trademark, it shall be indicated in the "trademark type" column of the application for trademark registration.
4. The document that proves the applicant's subject qualification can be the business license of the enterprise or the approval document of the registered institution or mass organization. The applicant for the registration of a collective trademark shall be an organization, which may be an industrial and commercial group, association, trade or other collective organization, rather than a single enterprise or individual operator.
5. To apply for the registration of geographical indications as collective trademarks or certification trademarks, a document issued by the competent commercial department at or above the provincial level (including the provincial level) to prove its regulatory capacity and geographical scope of origin shall be attached.
6. The management rules for the use of certification marks shall include the following contents: the purpose, significance or purpose of using certification marks; Prove the specific quality of the goods certified by the trademark; Conditions for using the trademark; The rights and obligations of using the certification trademark and the responsibilities for violating the provisions; The inspection and supervision system of registrants for commodities using certification trademarks.
7. The management rules for the use of collective trademarks shall include the following contents: the purpose of using collective trademarks; The name, address and legal representative of the collective member who uses the collective trademark; The quality of the goods designated for use by the collective trademark; Procedures for using collective trademarks; Violation of the rights, obligations and responsibilities of collective members; The inspection and supervision system of registrants for goods using collective trademarks.
8. All application documents shall be in Chinese. An application for a certification trademark or collective trademark for territorial extension in China shall be submitted in Chinese; Where an application is made for using a language other than Chinese, a Chinese translation shall be attached, and the Chinese translation shall prevail.
Registration fee for intransitive verbs
A certification trademark or a collective trademark applies for registration in one category as a registration application. No matter how many kinds of goods or services are specified in a category, the registration fee for each application is 3000 yuan.
Where a trademark agency is entrusted to apply for registration of a certification trademark or collective trademark, the applicant shall pay the registration fee and agency fee to the trademark agency, and the trademark registration fee charged by the Trademark Office shall be deducted from the advance payment of the trademark agency.
VII. Amendment Procedures (Non-essential Procedures)
(a) a brief description
If you apply for registration directly in the trademark registration hall, the application procedures are basically complete or the application documents basically meet the requirements, but need to be corrected, the Trademark Office will notify the applicant to make corrections. The applicant shall, within 30 days from the date of receiving the notice, make corrections according to the specified contents and submit them to the Trademark Office. If it is not corrected or corrected within the time limit, the application date will not be retained.
Where a trademark agency is entrusted to apply for registration, the application procedures are basically complete or the application documents basically meet the requirements, but it needs to be corrected, the Trademark Office shall notify the trademark agency in writing to make corrections. The trademark agency shall, within 30 days from the date of receiving the notice, make corrections according to the specified contents and return them to the Trademark Office. If no correction is made within the time limit, the application shall be deemed to have been abandoned.
(2) Precautions
1. When the applicant makes corrections to non-standard and unspecified goods or services as required, it may make corrections or delete them. At the time of revision, the specification name should still be filled in the form of distinguishing similar goods and services, but the scope of goods or services should not be expanded.
2. If the trademark pattern is unclear, the applicant can only make it clear according to the original trademark pattern, and shall not make any substantive changes to the trademark pattern.
3. If the applicant makes written corrections in the original application as required, it shall be stamped with the official seal of the applicant or signed by the reviser. Where a trademark agency is entrusted to apply for trademark registration, the official seal of the trademark agency shall be affixed.
Eight, matters needing attention
1. When filling out the application for trademark registration, the applicant shall fill in the address according to the business license. After submitting the application, the Trademark Office will send it to the applicant by registered mail at this address if there are any matters such as correction, rejection or partial rejection, preliminary examination and announcement, and obtaining the trademark registration certificate. If the actual address of the applicant does not match the business license address, the business license address shall be changed before submitting the application. If the address changes after the application for trademark registration is submitted, the application for address change can be handled with the changed business license and corresponding procedures. If the applicant's address is not postal, it is best to entrust a trademark agency to handle trademark registration applications and other matters.
2. After receiving the application, the Trademark Office, after formal examination, considers that the formalities are complete and the specifications are filled in, and generally sends the Notice of Acceptance to the applicant by registered mail one month later. Where a trademark agency is entrusted to handle the registration application, the Trademark Office will mail the Notice of Acceptance to the trademark agency. The notice of acceptance only indicates that the application for trademark registration has been accepted by the Trademark Office, but it does not mean that the application has been approved.
3. If the application for registration of a certification trademark or a collective trademark is rejected, the applicant may apply to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce for reexamination within 15 days from the date of receiving the notice of rejection.
4. If the certification trademark or collective trademark applied for registration is challenged, and the applicant refuses to accept the objection ruling of the Trademark Office, he may apply to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce for reexamination within 15 days from the date of receiving the objection ruling.
5. If a certification trademark or collective trademark is registered and directly applied for registration in the trademark registration hall, the Trademark Office shall send a Notice of Obtaining a Trademark Registration Certificate according to the name and address of the applicant filled in the application for trademark registration; If a trademark agency is entrusted to apply for registration, the Trademark Office will mail the Notice of Obtaining a Trademark Registration Certificate to the trademark agency.
6. If the applicant has not received any information after 1.5 years from the date of submitting the application for registration, he can make a free inquiry to the Trademark Office after applying for a trademark. An application for trademark registration entrusted by a trademark agency must be inquired by the trademark agency free of charge after filing a trademark application with the Trademark Office. (See "How to inquire after trademark application" for details. )
7. A certification trademark or a collective trademark is still an unregistered trademark after the application is filed, but it must still be used as an unregistered certification trademark or a collective trademark. Where the use of a trademark infringes upon the exclusive right of others to use a trademark, it shall not affect the investigation and punishment of the act by the relevant administrative authorities for industry and commerce.
8. Where a registered certification trademark or collective trademark needs to be used after the expiration of its term of validity, the registrant shall apply for renewal of registration within 6 months before the expiration. If the registrant fails to apply for renewal within this period, he may apply for renewal within a grace period of 6 months after the expiration, but he shall pay a late fee for renewal of registration. If no application for renewal is filed at the expiration of the extension period, the Trademark Office will cancel the registered trademark; If the registrant wants to continue to use the registered trademark, he must apply for registration again.
Nine. Special statement
(1) The above contents are not official documents issued by the State Administration for Industry and Commerce or the Trademark Office of the State Administration for Industry and Commerce. So all the contents are instructive and not legally binding.
(2) The above contents were completed in June 5438+February 2003. If there is any change in the future, or it is inconsistent with the requirements of the receptionist in the trademark registration hall, the requirements of the receptionist shall prevail.