my country adopts the registration principle for the acquisition of trademark rights, that is, only trademarks approved and registered by the Trademark Office of the State Administration for Industry and Commerce can generate exclusive rights. In order for a trademark to be registered, the party concerned must first submit a trademark registration application, which will then be reviewed by the Trademark Office. After the Trademark Office confirms that the trademark applied for registration meets the registration conditions stipulated in the law and approves the registration, the registrant will have exclusive rights to the trademark. . Therefore, if parties want to obtain trademark rights, they must pay attention to two issues: first, correctly submit the application for trademark registration, and second, ensure that the trademark applied for registration meets the requirements of the law.

(1) Submit an application for trademark registration as required

Citizens, legal persons or other organizations shall submit the application to the Trademark Office of the State Administration for Industry and Commerce in accordance with the provisions of my country’s Trademark Law and its implementation regulations. "Application for Trademark Registration" and relevant documents, and payment of fees. This procedure is called "Application for Trademark Registration".

Applying for trademark registration is a prerequisite for obtaining the exclusive right to use a trademark, and it is also a necessary procedure for obtaining the exclusive right to use a trademark. Therefore, the parties concerned must make the application comply with the provisions of the Trademark Law and the Implementation Regulations of the Trademark Law, otherwise the Trademark Office will not accept it. Generally speaking, an application for trademark registration should meet the following conditions.

1. Applicants for trademark registration are qualified to apply for trademark registration

my country currently has few restrictions on the qualifications of trademark entities. According to Articles 4 and 17 of the Trademark Law According to the regulations, trademark registration applicants can be natural persons, legal persons or other organizations. Foreigners and foreign enterprises can also become trademark registration applicants in accordance with Chinese laws or relevant international agreements and treaties.

2. Submit a trademark registration application according to the prescribed channels

Domestic trademark registration applicants can apply for trademark registration through the following two channels: First, the trademark registration applicant can entrust the trademark The agency handles the trademark registration application; secondly, the trademark applicant can also go directly to the Trademark Office to apply for trademark registration with his or her ID card, a letter of introduction from the organization and a copy of the business license or a copy of the business license signed by the issuing authority.

Foreigners or foreign enterprises must entrust a nationally recognized trademark agency organization to handle trademark registration applications and other related matters.

3. The trademark registration application is complete

If you apply for trademark registration, you should submit the "Trademark Registration Application" and other documents to the Trademark Office. The specific requirements are:

(1) The applicant must submit one "Application for Trademark Registration" in accordance with the principle of one application for one trademark for one category of goods. That is to say, the goods or services reported in an application can only be limited to one category in the "International Classification of Goods and Services for Trademark Registration". If you entrust a trademark agency to handle the matter on your behalf, you should also submit a "Trademark Agency Power of Attorney".

(2) The "Application for Trademark Registration" should be filled out neatly, and the applicant's name and address should be accurate.

(3) Each application should be accompanied by 10 trademark drawings (in designated colors) of color trademarks, 10 colored drawings and 1 black and white ink draft).

(4) Present a copy of the enterprise's business license or provide a copy of the business license signed and sealed by the issuing authority. If you apply for a registered trademark in the name of a natural person, you should provide the corresponding identity document.

(5) Application documents should be in Chinese, and foreign language documents should be accompanied by Chinese translations.

(6) When applying for registration of a trademark using a portrait, the applicant must provide a letter of authorization from the portrait owner and it must be notarized by a notary public.

(7) If a foreign applicant claims priority, he must fill in the initial filing country, initial filing date and application number on the application form, and must submit priority certification documents to the Trademark Office within 3 months. If the supporting documents are not submitted within the time limit, it will be deemed that priority has not been claimed.

(8) When applying for registration of collective trademarks or certification trademarks, the corresponding articles of association and subject qualification certificate are also required.

4. Pay trademark registration fees according to regulations

Application for trademark registration requires payment of fees. The current charging standard is RMB 1,000 for each "Trademark Registration Application" that specifies less than 10 types of goods. After more than 10 types, an additional RMB 100 will be charged for each excess. If the fee is not paid, the Trademark Office will not accept the application.

If the trademark registration application is reviewed by the Trademark Office and deemed to meet the above requirements, that is, if the application procedures are complete and the application documents are filled in as required, the application number will be compiled and an "Acceptance Notice" will be issued. The applicant’s application date shall be based on the date when the Trademark Office receives the application documents. Since my country implements the first-to-file principle, the application date for trademark registration is particularly important to applicants.

(2) Select a trademark that can be registered

Currently, the Trademark Office receives more than 200,000 trademark registration applications every year, but not all of them are approved for registration. About 10% of them are The trademark was rejected because it did not meet the requirements for registration. Therefore, if the applicant hopes to improve the success rate of registration, he should understand the legal requirements for registered trademarks as much as possible and conduct necessary searches before applying.

1. The trademark applied for registration shall be distinctive, and prohibited words and graphics shall not be used

Article 9 of the "Trademark Law" stipulates: "The trademark applied for registration shall be distinctive. characteristics for easy identification.” 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) Identical or similar to the official mark or inspection mark indicating implementation of control and guarantee. Except with authorization.

(5) The same or similar logo or name as the "Red Cross" or "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 because 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, if such a name or figure is combined with a distinctive mark and applied for registration, it can be approved.

(7) Directly express the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods.

Words or graphics that directly represent the quality, main raw materials, functions, uses, weight, quantity and other characteristics of goods or services are descriptive words or graphics commonly used by operators on their goods or services. Graphics belong to the category of personal use and 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 text, graphics or combination of trademarks exaggerates the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods or services used, and is deceptive, it shall not be used as a trademark. . 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, public order, and 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.

2. A search for prior rights should be conducted before submitting a trademark registration application

In addition to the requirements for distinctiveness and prohibited clauses, Article 17 of the Trademark Law also requires , the trademark applied for registration shall not be identical or similar to the trademark that has been registered or preliminarily approved by others on the same or similar goods, otherwise the application will be rejected by the Trademark Office. This is what we mean by saying that the trademark applied for registration must not conflict with the prior trademark rights. Whether there is a conflict depends on whether the goods for which the trademark applied for registration and the trademark with prior rights belong to are the same or similar goods, and whether the two trademarks are identical or similar based on the overall structure, pronunciation and meaning of the trademark.

Identical trademarks refer to trademarks whose words, graphics, or combinations thereof are visually indistinguishable or slightly different.

Similar trademarks refer to trademarks whose words, graphics, or combinations thereof have certain differences in pronunciation, meaning, or overall structure, but are difficult to distinguish and may easily cause confusion among consumers.

Whether they are the same product is judged based on the degree of similarity in functions, uses, performance, raw materials, etc. of the product. Generally speaking, if the name is the same or if the name is different but the product refers to the same product, it is naturally the same product. If the raw materials and appearance of the goods are different, but the two are essentially the same based on the sales purpose and other circumstances, they are also regarded as the same kind of goods.

Two or more goods have certain similarities in their functions, uses, raw materials used, sales places, etc. If the same or similar trademarks are used, it may easily lead to misunderstanding and mistaken purchase by consumers. , causing consumers to mistakenly think that the goods are produced by the same company and are similar goods. It should be noted that the similarity of products is constantly changing. As products are constantly updated, product uses and sales channels continue to change, goods that were not originally classified as similar may now be classified as similar.

In order to avoid having a trademark registration application rejected due to conflicts with prior trademark rights, it is best for applicants to conduct a search for prior trademark rights before submitting an application. At present, various trademark agency organizations represent this business, and applicants can also go directly to the Trademark Office to conduct searches. If no prior rights are found after searching, the applicant can submit a trademark registration application with confidence.

1. Brief explanation

If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for the goods or services it produces, manufactures, processes, selects or distributes, it shall do so in accordance with the law. Submit a trademark registration application to the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office). The International Classification of Goods and Services for trademark registration has 45 categories, including 34 categories of goods and 11 categories of services. A trademark designated for use on goods is a product trademark, and a trademark designated for use on services is a service trademark.

2. Processing Channels

There are two channels for applying to register a commodity trademark or service mark:

(1) Entrust a nationally recognized trademark agency to handle the application.

(2) Applicants should go directly to the trademark registration hall of the Trademark Office to apply.

3. Processing steps

(1) If entrusting a trademark agency to handle the matter, the applicant can voluntarily choose any nationally recognized trademark agency to handle the matter. All trademark agencies registered with the Trademark Office are published in the "Agency" column.

(2) If the applicant goes directly to the trademark registration hall of the Trademark Office, the applicant can follow the following steps:

Inquiry before applying for trademark registration (optional procedure) → Preparation Application documents → Submit the application documents at the trademark registration hall acceptance window → Print the bar code at the coding window → Pay the trademark registration fee at the payment window → The Trademark Office will issue an "Acceptance Notice" in about one month → Trademark registration application supplement ( (optional procedure)

4. Inquiries before application (optional procedure)

It takes about one and a half years from application to approval of registration for a trademark. If the trademark registration application is rejected, on the one hand, the trademark registration fee will be lost; on the other hand, it will take about one and a half years to re-apply for a registered trademark, and it is still unknown whether the re-application will be approved for registration.

Therefore, before applying for a registered trademark, it is best for applicants to conduct a trademark search to understand the status of prior rights, and then make a judgment based on the search results before submitting the application. If a trademark agency is entrusted to handle the trademark registration application, the trademark agency will be responsible for the inquiry. (See "Inquiry before applying for trademark registration" for details)

5. Preparation of trademark registration application documents

(1) If applying for trademark registration in the name of a legal person or other organization, you should Submit the following application documents:

1. Trademark registration application stamped with the official seal of the applicant.

2. Five trademark drawings, which must be clear and have a length and width of not less than 5 cm and not greater than 10 cm. If color is specified, there will be 5 color drawings and a black and white ink drawing.

3. If you go directly to the trademark registration hall, submit a copy of the applicant's business license and present the original copy of the business license; if you cannot produce the original copy of the business license, the applicant's copy of the business license must be added. Stamp the applicant's seal. If a trademark agency is entrusted to handle the matter, a copy of the applicant's business license must be submitted.

4. If you go directly to the trademark registration hall to handle the matter, submit the ID card of the person in charge and its copy; if you entrust a trademark agency to handle the matter, submit a trademark agency power of attorney.

5. If the trademark applied for registration is a portrait of a person, a notarized statement from the portrait owner agreeing to register the portrait as a trademark should be attached.

(2) If a natural person applies for trademark registration, he should submit the following application documents:

1. Trademark registration application signed by the applicant.

2. Five trademark drawings, which must be clear and have a length and width of not less than 5 cm and not greater than 10 cm. If color is specified, there will be 5 color drawings and a black and white ink drawing.

3. If you go directly to the trademark registration hall to apply, submit a copy of the applicant's ID card or passport, and present the original ID card or passport; if you entrust a trademark agency to apply, submit a trademark agency entrustment and a copy of the applicant’s ID card.

4. If the trademark applied for registration is a portrait of a person, a notarized statement from the portrait owner agreeing to register the portrait as a trademark should be attached.

(3) Specific requirements for filling in a trademark registration application

1. According to Article 15 of the "Regulations for the Implementation of the Trademark Law", trademark registration applications and other relevant documents must be typed or print. The Trademark Office will not accept handwritten trademark applications;

2. The name and address of the trademark registration applicant should be filled in according to the "Business License". If the address in the "Business License" does not contain If 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 should be exactly the same as the company name on the "Business License";

3. The goods or services should be filled in with standardized names in accordance with the "Commodity and Service Classification Table" or "Similar Goods and Services Classification Table". Only one category of goods or services can be filled in each application form. If the product name or service item is not included in the classification list, a description of the product or service item should be attached.

4. If the applicant is a natural person, in addition to filling in the name, the applicant must also fill in the ID number after the name; the applicant's address can fill in the actual address or mailing address of the natural person.

5. If the trademark applied for registration is not a three-dimensional trademark or a color group trademark, the applicant should check "√" in the box before "General" in the trademark type column.

VI. Payment of trademark registration fees

Within 10 product names or service items in a category, the trademark registration application fee is 1,000 yuan for each application, more than 10 ( (excluding 10 items), each additional item will be charged an additional RMB 100.

If the applicant entrusts a trademark agency to handle the matter, the applicant shall pay the trademark registration fees and agency fees to the trademark agency. The trademark registration fees collected by the Trademark Office will be deducted from the advance payment of the trademark agency.

7. Trademark registration application correction procedure (not required)

(1) Brief description

1. Go directly to the trademark registration hall to apply for trademark registration 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 notify the applicant in writing to make supplements and corrections. The applicant should make corrections according to the specified content and return it to the Trademark Office within 30 days from the date of receipt of the notification. If no correction is made within the time limit, the application will be deemed to have been abandoned.

2. If a trademark agency is entrusted to handle the trademark registration application, if the application procedures are basically complete or the application documents basically meet the regulations, but if supplements and corrections are needed, the Trademark Office will notify the trademark agency in writing to make supplements and corrections. The trademark agency should make corrections according to the specified content and return it to the Trademark Office within 30 days from the date of receipt of the notice. If no correction is made within the time limit, the application will be deemed to have been abandoned.

(2) Notes

1. When the applicant makes corrections to non-standard or unspecific goods or services as required, the applicant may amend or delete them. When making amendments, the standardized name should still be filled in according to the "Classification Table of Similar Goods and Services", but the scope of goods or services must not be expanded.

2. For corrections sent back because the trademark image is unclear or the trademark description should be filled in, the applicant should make corrections according to the requirements of the Trademark Office and shall not make any substantive changes to the trademark, otherwise it will be deemed invalid.

3. After the applicant makes modifications according to the supplementary and correction requirements, the official seal of the applicant should be affixed. If the applicant is a natural person, he or she must sign. If the trademark registration application is entrusted to a trademark agency, the official seal of the trademark agency should be affixed.

8. Partial rejection procedure for trademark registration applications (not required)

(1) Brief explanation

Article 20 of the "Regulations on the Implementation of the Trademark Law" One provision: The Trademark Office shall preliminarily review and make an announcement if the trademark registration application accepted by the Trademark Office meets the requirements for use of the trademark on some designated goods; if the registration application for use of the trademark on some designated goods does not meet the requirements , the application for registration of a trademark for use on some designated goods shall be rejected, and the applicant shall be notified in writing and the reasons shall be stated. If the Trademark Office preliminarily approves the registration application for use of the trademark on some designated goods, the applicant may apply to abandon the registration application for use of the trademark on some designated goods before the expiration date of the objection; For registration applications using trademarks, the Trademark Office will withdraw the original preliminary review, terminate the review process, and make a new announcement. Therefore, this procedure is not a necessary procedure for trademark substantive examination.

(2) Processing

The "Notice of Partial Refusal of Trademark Registration" will be printed by the Trademark Office with a unified number and sent directly to the applicant by registered letter. If it is handled through a trademark agency, it will be sent to the trademark agency (except for self-pickup).

If the "Notice of Partial Refusal of Trademark Registration" fails to reach the applicant or trademark agency for any reason and is returned by the post office, the Trademark Office will publish the "Notice of Partial Refusal of Trademark Registration" in the "Trademark Announcement" 》The announcement shall be deemed to have been delivered within 20 days from the date of announcement. If you come to the Trademark Office to handle relevant procedures within 15 days from the date of service, the legal process will be allowed to resume, otherwise it will be deemed to have given up your rights.

9. Notes

1. When filling out the trademark registration application form, the applicant should fill in the address according to the business license. After the application is submitted, if matters such as corrections, rejection or partial rejection, preliminary approval announcement, or receipt of the "Trademark Registration Certificate" occur, the Trademark Office will send it to the applicant by registered mail based on this address. If the applicant's actual address does not match the address on the business license, the applicant should first change the address on the business license before submitting the application. If the address changes after submitting a trademark registration application, the address change application can be handled with the changed business license and corresponding procedures. If the applicant's address is not accessible by post, it is best to entrust a trademark agency to handle trademark registration applications and other matters.

2. After receiving the application, the Trademark Office will, after formal review, deem the application to be complete and filled in in a standardized manner. It will generally send the "Notice of Acceptance" to the applicant by registered mail one month later. If the trademark registration application is entrusted to a trademark agency, the Trademark Office will mail the "Notice of Acceptance" to the trademark agency. The "Notification of Acceptance" only indicates that the trademark registration application has been accepted by the Trademark Office, but does not indicate that the application has been approved.

3. If the trademark registration application is rejected, if the applicant is not satisfied with the rejection decision, the applicant may apply for review to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce within 15 days from the date of receipt of the rejection notice.

4. If an objection is raised against the trademark applied for registration, if the applicant is dissatisfied with the objection ruling of the Trademark Office, he or she may file a complaint with the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce within 15 days from the date of receipt of the objection ruling. Apply for review.

5. As long as there are no application corrections or objections, it takes about one and a half years from application to receiving the "Trademark Registration Certificate" for a trademark. After the trademark is approved for registration, if the trademark registration application is processed directly at the trademark registration hall, the Trademark Office will send the "Notice of Obtaining the Trademark Registration Certificate" according to the applicant's name and applicant's address filled in the trademark registration application; if it is For trademark registration applications 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 does not receive any information within one and a half years from the date of submitting the trademark registration application, he or she can conduct a free inquiry after the trademark application with the Trademark Office. For trademark registration applications entrusted to a trademark agency, the trademark agency must conduct free inquiries after applying to the Trademark Office. (See "How to handle inquiries after trademark application" for details)

7. After the application is filed but before the registration is approved, the trademark remains an unregistered trademark and must still be used as an unregistered trademark. If the use of the trademark infringes upon the exclusive rights of others to use the trademark, it will not affect the investigation and punishment of the behavior by the relevant industrial and commercial administrative authorities.

8. If the applicant needs to conduct trademark inquiry, he can go to the inquiry window of the trademark registration hall before applying. The prior rights information provided in the inquiry is for reference only by the inquirer.

9. The validity period of a registered trademark is 10 years, calculated from the date of approval of registration. If the registered trademark expires and needs to be continued to be used, the registrant should apply for renewal of registration within 6 months before expiration. If the registrant fails to submit an application for renewal during this period, it may do so within the six-month extension period after expiration, but must pay a renewal registration delay fee. If a renewal application is not submitted after the extension period expires, the Trademark Office will cancel the registered trademark; if the registrant wants to continue to use the registered trademark, he must resubmit a registration application.