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Things you want to know about trademark registration

Q1: What is the process of applying for trademark registration?

Trademark registration requires the following seven stages: Submission of application ------Formal review ------Acceptance ------Substantive examination------Preliminary examination announcement------Registration announcement------Issuance of trademark registration certificate.

>>>>1-3 months after application

The acceptance notice will be received 4-5 months after the trademark application is submitted.

>>>>9 months after the acceptance notice is issued

9-12 months after the trademark application is the preliminary examination announcement period. At this time, the Trademark Office has passed the preliminary examination of the trademark. Issue the trademark preliminary examination announcement to the public. If the trademark fails the preliminary examination, a rejection notice will be issued to the applicant.

>>>>The publicity period is 3 months

After passing the preliminary review, there will be a 3-month objection period. If any prior rights holder or interested party believes that the trademark infringes upon their own trademark If you have exclusive rights, you can file an objection with the Trademark Office and go through the trademark opposition process.

>>>>The entire service process takes 12-15 months

If the trademark successfully passes the preliminary review and no one raises any objection, the registration will be successful and the Trademark Office will issue a trademark registration in the future. At this time, the trademark owner can put an R in the upper right corner of the trademark to indicate that the trademark has been registered.

Q2: What are the benefits of registering a trademark?

1. It is easier for consumers to recognize the brand and shop.

2. The trademark registrant has the exclusive right to use the trademark and is protected by law.

3. Through trademark registration, you can create a brand and occupy the market first.

4. A trademark is an intangible asset and its value can be evaluated.

5. Trademarks can be transferred, licensed to others, or pledged to realize their value.

6. Trademark is also a necessary condition for quality inspection, health inspection, bar code, etc.

7. Local industrial and commercial bureaus at all levels supervise the quality of goods and services through the management of trademarks.

Q3: Why should we register a trademark as soon as possible?

my country’s trademark law adheres to the principle of first registration and first protection. Article 31 of the Trademark Law of the People’s Republic of China stipulates: If two or more trademark registration 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 preliminarily reviewed and announced; if the application is made on the same day, the trademark that was applied for first will be preliminarily reviewed and announced. If you use an earlier trademark, other people’s applications will be rejected and no announcement will be made.

Didi Dache was involved in a sky-high trademark infringement dispute because of its former name, Didi Dache. The plaintiff, Hangzhou Miaoying Company, claimed that they had already successfully registered the trademark "Didi", and requested the defendant, Beijing Xiaoju Company, to stop infringement, publish a statement in national mainstream media such as Intellectual Property News, Qianjiang Evening News, CCTV Economic Channel, etc. to eliminate the impact, and Compensation for losses is RMB 80 million, attorney fees of RMB 200,000, etc. Didi Taxi eventually had to be renamed Didi Taxi. Therefore, before setting up a company, entrepreneurs must seize the time and register the company trademark as soon as possible to prevent it from being registered by others. At the same time, they must check whether their trademark has been registered to avoid unnecessary losses.

Q4: How to choose the registration category?

There are 45 categories of trademarks, between 1 and 35 are product categories, and categories 35-45 are service categories. Trademark Circle reminds you that when every company applies for a trademark, it generally needs at least 4 categories to cover the rights and interests that need to be protected. If conditions permit, in addition to registering trademarks related to your own business, it is better to register several identical trademarks on other different categories of goods or services to prevent others from registering and using the same trademark on these categories of goods or services.

The "If You Are the One's Name Change" incident that caused a lot of controversy some time ago was caused by incomplete category protection. "If You Are the One" is a radio and television program with a matchmaking nature, but only one radio and television program has been registered, and no matchmaking service category has been registered. If all the categories involved in it are registered, it will not cause infringement and become a defendant.

Q5: Is it better to register text and patterns separately or in combination?

It is recommended to register them separately.

Although combined registration can save registration fees, there are many elements for trademark review, the risk of rejection is greatly increased, and the review time will also increase. After combined registration, it can only be used as a whole, and text or graphics cannot be used separately in English. Separate registration is less risky. After successful registration, you can use it in any combination or alone, which is more flexible.