What is the process for trademark registration now? What does the latest trademark registration process refer to? The editor has brought you relevant knowledge about "registered trademarks", which may include you. required. Conditions for applying for trademark registration
1. Conditions that applicants for trademark registration should meet:
The Chinese applicant for trademark registration is a natural person, legal person or other organization.
When foreigners or foreign enterprises apply for trademark registration in my country, the Trademark Office will handle it in accordance with the agreement signed between the country where they belong and my country or the international treaty that the country has signed, or in accordance with the principle of reciprocity.
2. The trademark applied for registration must meet the conditions:
(1) The trademark applied for registration must have constituent elements;
(2) The trademark applied for registration The trademark should be distinctive;
(3) The trademark applied for registration shall not use signs prohibited by law.
(4) The trademark applied for registration shall not be identical or similar to the trademark that has been registered or preliminarily approved by others for the same or similar goods or services.
(5) The trademark applied for registration shall not be identical or similar to a registered trademark that has been revoked or canceled for less than one year. Trademark registration process
Trademark registration process 1. Formal review
After formal review, the application procedures are complete and the application documents are filled in as required, 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. Under what circumstances can it not become a trademark?
(1) Only the common name, graphics, and model of the product
The common name, graphics, and model of the product are used by a certain industry* They are all recognized and used in the same way, and there are some unique characteristics that distinguish this product from other products. No one should have a monopoly. Using common names and graphics as trademarks may also harm the interests of other practitioners in the same industry and violate the principle of fair competition. Since these marks themselves do not have the function of distinguishing different operators, however, when the common names, graphics, and models of these goods are used by a certain operator as trademarks for their own goods, and through use, consumers are able to distinguish the goods with their marks. If it is distinguished from other goods of the same kind, it should be considered to have acquired distinctiveness and can be registered as a trademark.
For example, "PDA" was originally a common name for handheld computers. When a manufacturer of a certain handheld computer used it as a trademark for its own products, through use, it could be completely distinguished from "Business Communication" and "Celebrity Brand" for similar products. When it is distinguished from "Kuaiyitong", it can be considered to be identifiable and can be registered according to current laws. Of course, ?PDA? was registered at a time when the law at that time clearly prohibited the registration of common names of goods as trademarks. This was not because it had gained recognition through use, but entirely because the examination department of the trademark authority did not understand ?PDA? Caused by an "accident" over the common name of a handheld computer. It must be pointed out that even if such a trademark is registered, the trademark owner has no right to prohibit others from using the common name on similar goods, because it is inherently "public property."
(2) It is prohibited to directly use words or graphics that express the characteristics of the goods as trademarks that only directly indicate the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods.
, the reason is the same as the aforementioned prohibition on using the common name and graphics of this product as a trademark. It should be pointed out that what is prohibited by law is only signs that directly represent the quality, main raw materials, functions, uses, weight, quantity and other characteristics of the goods, while signs that indirectly represent or imply certain characteristics of the goods are It is not prohibited because signs that indirectly express or imply certain features of goods may often be trademarks with distinctive features. Even if it is a mark that directly indicates the characteristics of the product, it can also obtain distinctive features through use. For example, the "Mengniu" trademark used for milk and other dairy products, although it directly indicates the raw materials and origin of the product, after a long period of time and large-scale use, Use, has achieved very significant characteristics and recognisability. Similar trademarks would have encountered many difficulties if they wanted to be registered before the Trademark Law was revised in 2001. However, according to the provisions of Article 11 of the revised Trademark Law, it is easier to obtain approval for registration.
(3) Lack of distinctive features
Trademarks should have distinctive features, which is a positive condition for applying for registered trademarks. If a mark lacks distinctive features and is not identifiable, it cannot be obtained. Registration, but after trial, a connection is established between the trademark and the goods, and it obtains distinctive features and is easy to identify, it can be registered. What should we pay attention to when registering a trademark internationally?
1. The trademark laws of most countries stipulate that geographical names cannot be registered as trademarks. For example, China's famous "Zhonghua" brand cigarettes and toothpaste, "Shanghai" brand televisions and toilet water, "Qingdao" brand, "Beijing" brand beer, etc. Although they were registered in China very early, such trademarks cannot be used abroad. was registered because geographical names cannot be registered as trademarks in many countries.
2. Some countries do not allow the use of numbers as trademarks. For example, for the 555 brand, applications for registration in countries such as Pakistan and Kenya were not approved.
3. The main color of the Swedish flag is blue, and the use of blue as a trademark is prohibited in Sweden.
4. Arab countries prohibit the use of yellow as a trademark.
5. The French believe that "Spade" is a symbol of the dead and "Peach Blossom" is an unlucky thing. Therefore, "Spade" and "Peach Blossom" are prohibited from being used as trademark graphics in France.
6. Italy regards the chrysanthemum as its "national flower", so it is forbidden to use chrysanthemum as a trademark for products in Italy.
7. In Japan, chrysanthemum is regarded as a symbol of the royal family and it is forbidden to use chrysanthemum as a trademark pattern.
8. Latin American countries regard chrysanthemum as a demonic flower, so it is best not to use chrysanthemum patterns on trademarks in these countries.
9. It is taboo in Australia to use rabbits as trademarks. Because Australia is rich in wool, it attaches great importance to the reproduction of pasture and is afraid of rabbits destroying the grass.
10. India and other Arab countries ban pig images as trademarks.
11. The British are taboo about using portraits as decoration on goods.
12. Some countries in North Africa taboo the use of dogs as trademarks.
13. The triangle is regarded as a warning mark internationally, so the triangle cannot be used as a trademark.
14. Czechs believe that the red triangle is a poisonous symbol.
For example, you need to pay special attention when registering Shanghai famous brand "Triangle" brand towels in the Czech Republic.
15. In Turkey, the green triangle means "free samples", so it is best not to use it as a trademark.
16. In many countries, roses are used as gifts for relatives and friends, but in India and some European countries, they are used as commemorative items, so they cannot be used as trademarks.
17. Pandas are taboo in some African countries and cannot be used as trademarks. It is difficult for China’s “Panda” brand products to obtain trademark registration in some African countries.
18. Hexagons cannot be used as trademarks in Islamic countries because these countries prohibit the import of goods with this symbol.
19. The British refer to goats as "irregular men". For example, it is difficult to obtain trademark registration for "goat" brand products in the UK.
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