There are also documents that need to be prepared when registering a trademark in Guangzhou. What is the information for registered trademarks? The editor has brought you relevant knowledge about "Guangzhou trademark registration information", which may be There is what you need. What information is needed for trademark registration in Guangzhou?
If you apply for trademark registration, you should submit a "Trademark Registration Application" and other documents to the Trademark Office. The specific requirements are:
1. The applicant must press According to the principle of applying for one trademark for one category of goods, submit one "Application for Trademark Registration". 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 (color trademarks of designated colors, 10 colored drawings, and 1 black and white ink draft).
4. Present a copy of the business license of the enterprise 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. Failure to submit supporting documents will be deemed to have not claimed priority.
8. When applying for collective trademark or certification trademark registration, you must also provide the corresponding articles of association and subject qualification certificate. What are the regulations on the trademark registration process and time in Guangzhou?
1. Design? You can entrust our company or design by yourself before applying for trademark registration. When designing a trademark, you should pay attention to the following points: (1) Originality, that is, the design of the trademark must be innovative; on the one hand, it must meet the requirements for distinctiveness, and on the other hand, a creative trademark can easily expand the visibility of the product and quickly occupy the market. (2) The name of the trademark should avoid being associated with the function of the product. (3) The design of the trademark should highlight the theme and be reasonably laid out.
2. Inquiry? Trademark inquiry usually refers to an inquiry about trademark information conducted by a trademark registration applicant before applying to register a trademark, in order to understand whether there are any prior trademark rights that may conflict with the trademark he is applying for. . It takes a long time for a trademark to be applied for and approved for registration. If the trademark registration application is rejected, on the one hand, the trademark registration fee will be lost, and on the other hand, it will take longer to reapply for a registered trademark, and it is still unknown whether the re-application will be approved for registration. Therefore, it is best for applicants to conduct a trademark search to understand the status of prior rights before applying to register a trademark. There are two types of inquiry services: one is internal inquiry service; the other is agency government inquiry service, which takes 7-14 working days.
3. Application? Submit the trademark registration application documents to the Hong Kong Intellectual Property Department.
4. Acceptance? After the Hong Kong Intellectual Property Department receives the trademark registration application materials, it will give an application number and issue an acceptance notice. It will take about one week.
5. Review? Trademark review is divided into two processes: formal review and substantive review. Formal examination means that before examining the application, the Trademark Registry will examine the application form and all attachments in detail to see whether the required parts of the form have been completed, whether the relevant information is correct, and whether the required information is incomplete. If everything is in order, the application process will enter the next stage (substantive examination stage). After the substantive examination is completed to check the deficiencies of the application and confirm that all the information is complete, the Trademark Registry will check the trademark records to determine whether other merchants have registered or applied for registration of the same or similar goods or services. 's trademark. The Trademark Registry will also check whether the trademark concerned complies with the registration requirements stipulated in the Trademark Ordinance. If approved, the application process will enter the next stage (the gazette announcement stage).
6. Announcement? After the Trademark Registry approves the application, it will be announced in the Hong Kong Intellectual Property Gazette for a period of three months. If no one raises any objection, the trademark can be successfully registered.
7. Registration? If there is no objection to the trademark announcement or the objection is ruled untenable, the registration is successful. Under normal circumstances, it takes about 6 months to obtain the registration certificate. After successful registration, it will be valid for 10 years and can be renewed on time six months before expiration. What are the methods for identifying well-known trademarks in Guangzhou?
According to current laws, regulations, rules and relevant judicial interpretations of the Supreme People's Court, there are five legal ways for an enterprise to obtain the title of "well-known trademark":
1. Directly apply to the Trademark Office of the State Administration for Industry and Commerce for recognition as a well-known trademark.
Enterprises can apply to the local industrial and commercial bureau and submit relevant evidence proving that the trademark is well-known. After investigation and verification by the industrial and commercial bureau, they will be recommended and reported step by step, and the trademark office will determine it.
2. Apply to the Trademark Office for recognition of a well-known trademark during the trademark opposition procedure.
Article 13 of the "Trademark Law" stipulates: If a trademark applied for registration for identical or similar goods is a copy, imitation or translation of someone else's well-known trademark that has not been registered in China, and is likely to cause confusion, it shall not be registered and shall not be registered. Use prohibited. If a trademark applied for registration for different or dissimilar goods is a copy, imitation or translation of someone else's well-known trademark that has been registered in China, misleading the public and causing the interests of the well-known trademark registrant to be harmed, registration will not be granted and use will be prohibited. ?If an enterprise believes that someone else’s trademark that has been preliminarily reviewed and announced by the Trademark Office violates Article 13 of the Trademark Law, it can file an objection with the Trademark Office in accordance with the provisions of the Trademark Law and its implementing regulations, and request not to register another person’s trademark. At the same time, submit relevant materials proving that your trademark is well-known, and it will be recognized by the Trademark Office.
3. During the trademark dispute procedure, apply to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce for recognition of a well-known trademark.
If an enterprise believes that someone else’s registered trademark violates Article 13 of the Trademark Law, it can submit relevant materials proving that its trademark is well-known to the Trademark Review and Adjudication Board in accordance with the provisions of the Trademark Law and its implementing regulations. While requesting a ruling to cancel the improperly registered trademark, the Trademark Review and Adjudication Board shall determine that your trademark is a well-known trademark.
4. During the administrative processing of trademark infringement, apply to the industrial and commercial administration authorities for recognition of well-known trademarks.
If an enterprise believes that the trademark used by others infringes upon its own trademark exclusive rights, it can submit a written request to prohibit use to the industrial and commercial administration department at or above the city (prefecture, state) level where the case occurs, and submit proof of its own trademark Well-known related materials. The Trademark Office shall make a determination within six months from the date of receipt of relevant case materials. If a trademark has not been recognized as a well-known trademark, within one year from the date of the recognition result, the party concerned shall not make another request for recognition of the same trademark based on the same facts and reasons.
5. Apply to the people's court to recognize a well-known trademark in accordance with the law in the civil litigation proceedings for trademark infringement.
Article 22 of the Supreme People's Court's "Interpretations on Several Issues Concerning the Application of Law in the Trial of Civil Trademark Dispute Cases" (Fa Interpretation [2002] No. 32) stipulates: When hearing trademark dispute cases, the People's Court shall, according to the parties concerned, Based on the request and the specific circumstances of the case, a determination can be made in accordance with the law whether the registered trademark involved is well-known. The identification of well-known trademarks shall be carried out in accordance with the provisions of Article 14 of the Trademark Law. ?According to this, if an enterprise's trademark rights are infringed by others, it can submit relevant evidence materials proving that its trademark is well-known when filing a civil lawsuit in the People's Court, and also apply to the court to recognize its trademark as a well-known trademark.
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