It is very common for individuals to register trademarks in Huizhou now, but what should individuals do now to register trademarks? The editor has brought you relevant knowledge about "individual registered trademarks", which may include There's just what you need. How to register a trademark as an individual
How to register a trademark:
1. Go directly to the State Administration for Industry and Commerce for consultation and registration
2. Entrust an agency or a professional trademark lawyer to complete the process Trademark registration
The process of registering a trademark: Design a trademark? Search for a trademark (the most important)? Prepare the materials required for trademark registration (detailed later)? Submit a registration application (official fee is 1,000 yuan)? Wait for successful registration ( A trademark acceptance notice will be issued in about a week, and the registration will be successful in 1 and a half years at the fastest).
Materials required to register a trademark: copy of individual business license; ID card; trademark LOGO; category (product) for which the trademark is to be registered. What should individuals pay attention to when applying for trademark registration?
1. First search for the trademark. If there is no identical or similar one before, you can prepare application documents and submit the application;
2. Apply About one month after submission, the Trademark Office will issue you an application acceptance notice within ten working days (this period is called the formal review stage).
3. After the formal review is completed, it will enter the substantive review stage, which will take about one year.
4. If the substantive examination is passed, the announcement process will be entered (this period is 3 months, also called the objection period);
5. After the announcement period expires, no one raises objections . You can get the registration certificate. 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 monopoly 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., and shall not plagiarize or imitate other people's well-known trademarks.
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, Guizhou), Yunnan Province (Dian, Yunnan), Tibet Autonomous Region (Tibet), Shaanxi Province (Shaanxi, Qin), Gansu Province (Gan, Long), Qinghai Province (Qinghai), Ningxia Hui Autonomous Region (Ning), Taiwan Province (Taiwan), Xinjiang Uyghur Autonomous Region (New) Hong Kong Special Administrative Region (Hong Kong), Macao Special Administrative Region (Australia) Overseas: United States, China, Japan, Germany, France, United Kingdom, Brazil, India, Russia, Italy, Canada, Australia Oceania, Spain, South Korea, Mexico , Indonesia, Turkey, Netherlands, Saudi Arabia, Switzerland, Argentina, Sweden, Iran, Belgium, Norway, Poland, Thailand, South Africa, Austria, Colombia, United Arab Emirates, Venezuela, Malaysia, Denmark, Nigeria, Chile, Singapore, Egypt, Hong Kong, China , Israel, Philippines, Finland, Pakistan, Greece, Kazakhstan, Algeria, Peru, Portugal, Ireland, Ukraine trademark registration