What is the process for trademark registration in Ningbo? How to register a Ningbo trademark? The editor has shared with you the organized trademark registration process in Ningbo. You are welcome to read it, it is for reference only!
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.
The Importance of Trademark Registration
Trademarks actually play a very important role. Many companies may ignore the importance of trademarks, which results in being accused of not registering a trademark. Other companies rush to register trademarks and make them the property of others. Some people think that everything will be fine after registering with the Industrial and Commercial Bureau. In fact, this is not the case. The registration of a company name and the trademark of a product are separate matters and should not be confused. The company is registered with the Industrial and Commercial Bureau. The name cannot be the same in one place, but the trademark is different. If you have company A in place A, other companies can no longer use the name a, but can use the name b. If both a and b have registered trademarks, then it is illegal for a to use b's trademark, and if a uses b's trademark to advertise, it will also be punished by law.
Some people think that our company’s products are not big brands, so how can they be registered by others? This involves the issue of trademark registration. In fact, no matter how big or small a brand is, it will have corresponding brand benefits. If this brand is recognized by everyone, then its sales will be guaranteed in the chain across the country and even the world, and everyone will easily accept it.
There is a well-known hot pot brand called Haidilao, which everyone is familiar with. After their staff discovered that a restaurant in Beijing used Tiantian Haidilao for promotion, they took the restaurant to court and received a compensation of 40 RMB. Ten thousand yuan. Some businesses make mistakes because they don’t know about trademark brands. In the above example, they clearly know that there is a brand called Haidilao, and this brand is doing well. They want to use the power of this brand to win profits. This is It's illegal.
What should you pay attention to when registering a trademark?
The application date for trademark registration shall be the date when the Trademark Office receives the application documents.
If the application procedures are complete and the application documents are filled in in accordance with regulations, the Trademark Office will accept the application and notify the applicant in writing; if the application procedures are incomplete or the application documents are not filled in in accordance with regulations, the Trademark Office will not accept the application and notify the applicant in writing and explain the reasons.
The application procedures are basically complete or the application documents are basically in compliance with the regulations, but if supplements and corrections are needed, the Trademark Office will notify the applicant to make supplements and corrections, and the applicant shall complete and return them according to the specified content within 30 days from the date of receipt of the notice. Trademark Office. If corrections are made and returned to the Trademark Office within the prescribed time limit, the application date will be retained; if corrections are not made upon expiration of the time limit, the application will be deemed to have been abandoned, and the Trademark Office shall notify the applicant in writing.
If two or more applicants apply for registration of identical or similar trademarks on the same or similar goods on the same day, each applicant shall receive a notice from the Trademark Office Submit evidence of prior use of the trademark before applying for registration within 30 days from the date of application. If they are used on the same day or are not used at all, each applicant can negotiate on their own within 30 days from the date of receiving the notice from the Trademark Office, and submit a written agreement to the Trademark Office; if they are unwilling to negotiate or the negotiation fails, the Trademark Office will notify each applicant to One applicant is determined by drawing lots, and other registration applications are rejected. If the Trademark Office has notified the applicant but does not participate in the lottery, the application will be deemed to have been abandoned, and the Trademark Office shall notify the applicant in writing that did not participate in the lottery.
If priority is claimed in accordance with Article 24 of the Trademark Law, the copy of the first trademark registration application document submitted by the applicant shall be certified by the trademark authority that accepted the application and indicate the application Date and application number.
If priority is claimed in accordance with Article 25 of the Trademark Law, the certification documents submitted by the applicant shall be certified by the agency specified by the administrative department for industry and commerce of the State Council; the international exhibition where its products are exhibited is in China Except for those held within the country.
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Materials required for trademark transfer
1. "Letter of Power": If a trademark agency is entrusted to act as agent, a transferee stamp must be provided. Power of attorney stamped with personal seal. If transferees outside the mainland want to apply for trademark transfer in China, they must entrust a trademark agency to do so.
2. "Application Form for Transfer of Registered Trademark": If you entrust an agency to apply for trademark transfer, it will be prepared by the agency and stamped or signed by both the transferor and the transferee.
3. Copies of the transferee’s business license or certification documents of public institutions, associations and other organizations with legal person status. If the transferee is outside the mainland, such documents are not required.
4. Special certification materials:
1) When transferring the transferor’s registered trademark for medicines, medical nutritional foods, medical nutritional drinks and baby food, the transferee needs to provide Certification documents from the health administrative department, namely "Drug Manufacturing Enterprise License" or "Drug Trading Enterprise License". If the above two certificates have not been obtained, an approval document issued by the health administrative department approving the establishment of a pharmaceutical manufacturing or trading enterprise shall be provided; If the transferor uses it as a disinfectant trademark, the transferee must provide a certificate from the health and epidemic prevention department.
2) When transferring trademarks for cigarettes, cigars and packaged cut tobacco, the transferee must provide documents proving production approval by the national tobacco authority. Applicants outside mainland China do not require such documents.
3) If an enterprise fails to complete the transfer procedures in time due to merger, separation or merger and the stamp has become invalid, it does not need to affix the stamp of the transferor, but it must provide a valid certification document from the transferor’s competent department or the local seal. Certification documents from the industrial and commercial administration department.
The above is the Ningbo trademark registration process provided by the editor. I hope it will be helpful to everyone.
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