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Inquiries before trademark registration application for Chinese trademark registration

1. Inquiries before applying for trademark registration usually refer to inquiries about trademark information made by trademark registration applicants before applying for trademark registration in order to know whether there are prior trademark rights that may conflict with their application for registered trademarks. There are two ways to inquire before applying for trademark registration: first, China Trademark Network provides free trademark inquiry information, and anyone can log in to China Trademark Network and click on the "Trademark Inquiry" column to inquire; Second, the Tongda Trademark Service Center under the State Administration for Industry and Commerce is entrusted to conduct trademark inquiry, but a trademark inquiry fee is required.

2. Ways and steps to handle trademark inquiry

There are two ways to handle trademark inquiry: one is to entrust a trademark agency to handle trademark inquiry; Second, people go directly to the trademark registration hall of the Trademark Office for trademark inquiry.

(1) where a trademark agency is entrusted, the applicant may choose any trademark agency recognized by the state to handle it. All trademark agencies registered with the Trademark Office are published in the "Agency" column.

(2) If someone comes directly to the trademark registration hall, the applicant can handle it according to the following steps:

Receive the Trademark Inquiry Form from the inquiry window → Fill in the Trademark Inquiry Form → Draw the price in the inquiry window → Pay the trademark inquiry fee in the charging window → Return the Trademark Inquiry Form to the inquiry window → Collect the inquiry results in the inquiry window

3.

2. A Trademark Inquiry Form is limited to 1 items of goods or services of one word mark and one category.

3. The column of "goods or services" must be filled in strictly in accordance with the standard names in the Classification Table of Similar Goods and Services, and the group names of commodity classification are not allowed.

4. Trademark inquiry charging standard inquiry method \ inquiry type Chinese trademark (or number) English trademark (or prefix) graphic trademark urgent inquiry trademark 12 yuan 2 yuan 24 yuan ordinary inquiry trademark 6 yuan 1 yuan 12 yuan 5. Collection of inquiry results

Inquirers receive trademark inquiry results in the inquiry window with invoices.

6. Time limit for trademark inquiry

Expedited inquiry: two working hours

General inquiry: one working day

How to apply for registration of a commodity trademark or a service trademark

1. Brief explanation

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 apply to the State Administration for Industry and Commerce according to law. The International Classification of Goods and Services for Trademark Registration has 45 categories, including 34 categories of goods and 11 categories of services. Designation of trademarks used in commodities as commodity trademarks and designation of trademarks used in services as service trademarks.

II. Ways to handle

There are two ways to apply for registering 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.

III. Procedures

(1) If a trademark agency is entrusted to handle the matter, the applicant may voluntarily choose any trademark agency recognized by the state to handle it. All trademark agencies registered with the Trademark Office are published in the "Agency" column.

(2) If the applicant goes directly to the trademark registration hall of the Trademark Office, the applicant can go through the following steps:

Inquire before applying for trademark registration (optional procedure) → Prepare the application → Submit the application in the acceptance window of the trademark registration hall → Type the receipt barcode in the coding window → Pay the trademark registration fee in the payment window → The Trademark Office will issue the Notice of Acceptance in about three months → Make corrections to the trademark registration application (optional procedure). If the application for trademark registration is rejected, on the one hand, the trademark registration fee will be lost, on the other hand, it will take about two years to re-apply for trademark registration, and whether the re-application can be approved for registration is still unknown. Therefore, before applying for a registered trademark, it is best for the applicant to make a trademark inquiry, understand the prior rights, and make a judgment according to the inquiry results before submitting the application.

V. Preparation of application documents for trademark registration

(1) To apply for trademark registration in the name of a legal person or other organization, the following application documents shall be submitted:

1. An application for trademark registration stamped with the official seal of the applicant.

2. Six trademark designs (one on the back of the application and five on the back), with clear designs and specifications of not less than 5 cm in length and width and not more than 1 cm. If a color is specified, attach 1 color sample, 5 cross-colored patterns and 1 black-and-white pattern.

3. If you go directly to the trademark registration hall, submit a copy of the applicant's business license and show the original copy of the business license; If the original copy of the business license cannot be produced, the copy of the applicant's business license must be stamped with the applicant's seal. If it is entrusted to a trademark agency, a copy of the business license of the applicant shall be submitted.

4. If you go directly to the trademark registration hall, submit a copy of the ID card of the agent; If it is entrusted to a trademark agency, a power of attorney for trademark agency shall be submitted.

5. If the trademark applied for registration is a portrait of a person, a notarized statement that the owner of the portrait agrees to register the trademark should be attached.

(2) A natural person applying for trademark registration shall submit the following application documents:

1. An application for trademark registration signed by the applicant.

2. Six trademark designs (one on the back of the application and five on the back), with clear designs and specifications of not less than 5 cm in length and width and not more than 1 cm. If a color is specified, stick a color sample, cross-color 5 patterns, and attach a black and white pattern.

3. If you go directly to the trademark registration hall, submit a copy of the applicant's ID card or passport, and the agent will show the original ID card or passport and submit a copy; Where a trademark agency is entrusted, a power of attorney for trademark agency and a copy of the applicant's ID card shall be submitted.

4. When a natural person applies for trademark registration, he should pay attention to the following matters:

(1) Individual industrial and commercial households can apply for trademark registration in the name of the applicant, or in the name of the person in charge registered in the license. When applying in the name of the person in charge, copies of the following materials shall be submitted:

① ID card of the person in charge;

② business license.

(2) Rural contracted business households can apply for trademark registration in the name of the contracting party, and copies of the following materials should be submitted when applying:

① ID card of the contracting party;

② contract.

(3) Other natural persons who are authorized to engage in business activities according to law may file an application for trademark registration in the name of the business operator as stated in the registration documents issued by the relevant administrative authorities, and copies of the following materials shall be submitted when applying:

① the identity card of the business operator;

② registration documents issued by relevant administrative authorities.

(4) The scope of goods and services for which a natural person applies for trademark registration shall be limited to the business scope approved by his business license or relevant registration documents, or to the self-operated agricultural and sideline products.

(5) The Trademark Office will not accept an application for trademark registration that does not meet the requirements of Article 4 of the Trademark Law and notify the applicant in writing.

if the applicant provides false materials to obtain trademark registration, the trademark office shall revoke the registered trademark.

5. If the trademark applied for registration is a portrait of a person, a notarized statement that the portrait owner agrees to use this portrait as a trademark registration shall be attached.

(III) Specific requirements for filling in an application for trademark registration

1. According to Article 15 of the Regulations for the Implementation of the Trademark Law, the application for trademark registration and other relevant documents shall be typed or printed. For handwritten trademark applications, the Trademark Office will not accept them;

2. The name and address of the trademark registration applicant should be filled in according to the Business License. If the address in the Business License is not marked with the name of the province, city or county where the enterprise is located, the applicant must add the name of the province, city or county before its address. The official seal of the applicant's name shall be completely consistent with the name of the enterprise registered in the Business License;

3. The commodity or service item should be filled with the standard name according to the Classification Table of Commodities and Services or the Classification Table of Similar Commodities and Services. Only one category of commodities or services can be filled in an application. If the commodity name or service item is not included in the classification table, a description of the commodity or service item shall be attached.

4. If the applicant is a natural person, the name of the applicant must be filled in with the ID number after the name; The applicant's address can be filled in with the actual address or mailing address of a natural person.

5. If the trademark applied for registration is not a three-dimensional trademark or a color combination trademark, the applicant shall tick "√" in the box before "general" in the column of trademark category.

6. Please check the application carefully before submitting it, and it cannot be changed after submitting it. If you fill in any mistakes, you need to submit the Application for Correction of Trademark Application/Registration Matters (Form 7) and pay the 5 yuan fee. The applicant, goods or services and trademark patterns may not be replaced.

VI. Payment of trademark registration fees

Within a category of 1 commodity names or service items, the application fee for each trademark registration is 1 yuan, and there are more than 1 (excluding 1), and an additional 1 yuan will be charged for each item.

if a trademark agency is entrusted, the applicant shall pay the trademark registration fee and agency fee to the trademark agency, and the trademark registration fee charged by the trademark office shall be deducted from the advance payment of the trademark agency.