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Related procedures for trademark registration in China in 2016

This year, Xingyao is going to register a Chinese trademark. What do we need to do? What is the process of trademark registration? The editor has brought you relevant knowledge about trademark registration. Among them Maybe there's what you need. 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. What do ?R? and ?TM? in the upper right corner of a registered trademark mean?

According to the revised "Implementing Rules of the Trademark Law", there are only three ways to mark a registered trademark, which is to add after the registered trademark: A. ?Registered trademark? Four Chinese characters, B, ?note?, with a circle outside the word note, C, ?R?, with a circle outside the R. Any other labeling methods are inconsistent with legal requirements. ?Note? is a Chinese character, which is obviously not as popular around the world as using (R), so we recommend that it is best to use (R).

TM is the abbreviation of TRADEMARK. American trademarks are usually marked with TM, which does not necessarily refer to a registered trademark. R is the abbreviation of REGISTER. When used in trademarks, it means registered trademark. my country's Trademark Law Implementation Regulations stipulate that when using a registered trademark, you can indicate "registered trademark" or registered mark on the goods, product packaging, instructions or other attachments. . When using a registered mark, it should be marked on the upper right corner or lower right corner of the trademark. Therefore, TM and R are trademark marks of different countries and have no special relationship. Some domestic companies do not understand the legal provisions and blindly imitate American companies and use the TM mark on their trademarks. How to register a brand trademark?

(1). Search:

1. Domestic applicants provide the company’s agents with the drawings for trademark registration to be searched;

2. Fill in the form and pay the search fee:

3. The search (10 days) results are not legally binding (new applications in the past 3-6 months cannot be found). After preliminary screening, the applicant can Decide whether to apply or not.

(2) Application for registration:

When applying for registered trademark, the following documents are required:

1. A copy of the business license of the enterprise (provided by the enterprise or unit ), or a copy of the ID card (to be provided when applying for an individual);

2. 10 copies of the trademark application (11 copies in color) (the length and width should be no more than ten centimeters and no less than five centimeters); 1 small drawing (about 2.4 cm in size);

3. Sign an entrustment contract with our company and pay the application registration fee (official fee and agency fee);

4 . Stamp the client column on the "Trademark Agency Power of Attorney" without filling it in;

5. The list of goods or services that require registration must copy the standard terminology in the International Classification of Trademarks. What should you pay attention to when applying for brand trademark registration?

(1) The following words and graphics shall not be used in trademarks: (Trademark Law Article 8 1-9)

1. Same as the People's Republic of China** *Identical or similar to the country’s name, national flag, national emblem, military flag, and medals;

2. Identical or similar to the country’s name, national flag, national emblem, military flag, and medals of a foreign country;

3. Identical or similar to the symbols or names of the Red Cross or Red Crescent;

4. Identical or similar to the flags, emblems or names of intergovernmental international organizations;< /p>

5. The common name and graphics of this product;

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

7. Ethnic discriminatory;

8. Exaggerated propaganda and deceptive;

9. Harmful to socialist morals or have other adverse effects of.

(2) When applying for trademark registration, the product category and product name using the trademark should be filled in according to the prescribed product classification. If the same applicant uses the same trademark on different categories of goods, he or she should submit a registration application according to the commodity classification table; if the registered trademark needs to be used on other goods of the same category, a separate registration application should be submitted; if the registered trademark needs to change the text or graphics A new registration application should be filed; if a registered trademark needs to change the name, address, or other registration matters of the registrant, a change application should be filed.

(3). The protection period of a registered trademark is 10 years, calculated from the date of approval of registration;

(4) In accordance with the provisions of the Trademark Law, the applicant shall register a pharmaceutical trademark , should be accompanied by certification documents issued by the health administrative department;

(5) When applying for trademark registration of cigarettes, cigars and packaged cut tobacco, certification documents approving production by the national tobacco authority should be attached;

(6) When applying for other products for which the country stipulates that a registered trademark must be used, the approval document from the relevant national competent authority shall be attached.

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