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Hangzhou trademark application process

It is very common to apply for a registered trademark in Hangzhou, so what is the process for registering a trademark? Let's take a look at what the following small series brings to you? Hangzhou trademark application process? There may be something you need.

What are the ways to apply for trademark registration

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 file an application for trademark registration with the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) according to law.

There are three ways to apply for the registration of a commodity trademark or a service trademark:

(1) Entrust a trademark agency recognized by the state to handle it.

(2) The applicant shall go directly to the trademark registration hall of the Trademark Office to handle it.

(3) online application.

foreigners or foreign enterprises must entrust a trademark agency to handle trademark registration in China, except for foreigners or foreign enterprises who have their habitual residence or business office in China.

trademark registration process

trademark registration process I. formal examination

if the application procedures are complete and the application documents are filled in according to the regulations, the Trademark Office will issue a notice of acceptance.

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 meet the requirements, but need to be corrected, the Trademark Office will issue a notice of correction of the application for trademark registration. If the applicant makes corrections within the time limit and returns them to the Trademark Office, the date of application shall be kept; If no correction is made or the correction is made within 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 ii. substantive examination

a trademark application enters substantive examination after passing formal examination. After substantive examination, the Trademark Office shall preliminarily examine and approve any trademark application that meets the relevant provisions of the Trademark Law and make an announcement.

if the application is rejected, a notice of rejection shall be issued to the applicant.

if the trademark office thinks that the contents of the application for trademark registration can be amended, it will issue a review opinion. If the applicant gives a reply within the time limit, the Trademark Office will continue the examination.

the trademark that has been preliminarily approved after examination shall be announced by the China Trademark Office in the Trademark Announcement.

within three months from the date of announcement, anyone can raise an objection to the trademark preliminarily approved by China Trademark Office.

if there is no objection or the objection is not established after ruling, the Chinese Trademark Office will approve the registration, issue a trademark registration certificate and make an announcement in the Trademark Announcement; If the objection is established by ruling, the registration shall not be approved.

request for reexamination

in the process of trademark registration, if the applicant is not satisfied with the rejection of the trademark registration application by the Trademark Office, he may request reexamination from the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board will make a final decision on whether to approve or not to register, and notify the applicant in writing. If the party concerned refuses to accept the objection ruling of the Trademark Office, he may request a reexamination to the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board will make a final decision and notify the parties in writing.

What preparations should be made before applying for trademark registration

1. Inquiring about the prior registration right of a trademark:

Inquiring refers to inquiring whether the trademark applied for by the trademark registration applicant or his agent is the same as or similar to the prior registration right before applying for registration. It is worth noting that although trademark inquiry is not a necessary procedure for registered trademarks (following the principle of voluntary inquiry), this work can greatly reduce the risk of trademark registration and improve the certainty of trademark registration. In the process of inquiry, due to the influence of data processing and trademark application review period, some previously applied trademarks cannot enter the database, so it is impossible to query and retrieve this part of information. In addition, the trademark inquiry and examination work is undertaken by different personnel, and the inquiry personnel and different examiners may have different opinions on the examination point of view. Therefore, the result of trademark inquiry cannot be used as a legal basis and has no legal effect. Therefore, it is very important to find a professional trademark inquiry company or a trademark agency organization with perfect trademark inquiry conditions before registering a trademark.

2. Preparation of trademark application materials:

(1) If you apply in the name of a natural person, you need to show your ID card and submit a copy of the business license of individual industrial and commercial households, individual partnerships and other business entities. If you apply for registration with an enterprise as the applicant, you need to show a copy of the business license of the enterprise and provide a copy of the business license signed by the issuing authority. A complete application for trademark registration stamped with the official seal of the unit and personal signature.

(2) 1 trademark designs (for colored trademarks with specified colors, 1 colored designs and 1 black-and-white ink draft should be submitted). The trademark pattern provided must be clear and easy to paste, and be replaced by bright and durable paper or photos, with the length and width not more than 1 cm and less than 5 cm. Where the direction of the trademark pattern is unclear, the arrow shall be used to indicate the top and bottom. When applying for the trademark of cigarettes and cigars, the design can be as large as the actual use.

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