What is the process for applying for a registered trademark in Hangzhou in 2016? What is the latest trademark registration process? The editor has brought you relevant knowledge about "applying for a registered trademark". Perhaps this There's just what you need. Detailed process for registered trademarks

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 an acceptance notice.

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 special requirements for registered trademarks

(1) Components of a trademark

The components of a trademark must be distinctive and easy to distinguish. Article 7 of the Trademark Law stipulates that the words, graphics or combinations used in a trademark should have distinctive features and be easy to identify.

(2) Prohibited Clauses

Article 8 of the "Trademark Law" stipulates the following types of words and graphics that are prohibited from being used as trademarks:

1. Words and graphics that are the same as or similar to the country name, national flag, national emblem, military flag, and medals of the People's Republic of China;

2. Identical or similar words to the country name, national flag, national emblem, or military flag of a foreign country Text and graphics;

3. Text and graphics that are the same as or similar to the flags, emblems, and names of intergovernmental international organizations;

4. The same as the Red Cross, the Red Cross, and the Red Cross logo, words and graphics with the same or similar names;

5. The common name and graphics of this product;

6. Directly indicating the quality, main raw materials and functions of the product , purpose, weight, quantity and other characteristics;

7. Texts and graphics that are ethnically discriminatory;

8. Texts that exaggerate propaganda and deceive , graphics;

9. Words and graphics that are harmful to socialist morals or have other adverse effects;

10. Place names of administrative divisions at or above the county level or foreign place names known to the public . The above place names shall not be used as trademarks, unless the place names have other meanings. Registered trademarks using place names will continue to be valid.

Special attention should be paid to the following: A trademark applied for registration on the same or similar goods shall not use words, graphics or combinations that are the same or similar to others’ registered trademarks or preliminary approved trademarks; a registered trademark is If the trademark is revoked or not renewed upon expiration, trademarks that are identical or similar to the trademark cannot be approved within 1 year from the date of cancellation or cancellation. How to identify similar trademarks

A similar trademark refers to a similar glyph, pronunciation, and meaning of the trademark words, a similar composition, coloring, and appearance of the trademark graphics, or a similar overall arrangement and appearance of the combination of words and graphics, and a three-dimensional The shape and appearance of the three-dimensional mark of the trademark are similar, and the color or color combination of the color trademark is similar. When used on the same or similar goods or services, it is easy for the relevant public to misunderstand the source of the goods or services.

To determine whether trademarks are identical or similar, we should first determine whether the designated goods or services belong to the same or similar goods or services; secondly, we should determine from the shape, sound, meaning and overall expression of the trademark itself, etc. Based on the general attention of the relevant public as the standard, and adopting the method of overall observation and comparison of the main parts, it is judged whether the trademark mark itself is the same or similar.

Correctly judging similar trademarks and rationally resolving similar trademark disputes in accordance with the law will not only help safeguard the company’s exclusive rights to registered trademarks and protect the legitimate rights and interests of companies and consumers, but will also help promote the implementation of the company’s trademark and brand strategy. , to promote sound and rapid development of the national economy. Will a registered trademark be revoked if it is not used for a long time?

Because trademark resources are limited, there is a time limit for use. If a trademark requires continued use, it can be renewed every ten years without time limit. However, many trademarks will be abandoned by the trademark holder, so they do not need to renew, and the trademark can be registered and used by others.

The "Trademark Law" stipulates that if the trademark is not used for three consecutive years, it can be revoked for the same reason. If a registered trademark has not been used for three consecutive years, there are two penalties. It is not inevitable that it will be revoked, and the Trademark Office can also order correction within a time limit. The concept of trademark use is very broad, and it does not only refer to use on registered goods or services. There is some work that can be done here.

When it comes to professional trademark investment, most companies and individuals register a large number of trademarks and sell them directly to other companies and individuals, because of the limitations of trademark resources (fewer good trademarks) and trademark registration. The time is too long, so there is room for investment. However, the restriction that the trademark may be revoked if it is not used for three years does bring great restrictions. For specialized trademark investors, other uses can easily be deemed to be invalid uses, and it will be more difficult to establish the fact of use.

Therefore, the best way for professional trademark investors is to quickly transfer the registered trademark within three years, because if it is used, it will also affect the value of the registered trademark itself. After three consecutive years, the registered trademark will be transferred. Use will put the ownership of the registered trademark in an unstable state, and buyers will not buy it.

Application for trademark registration