A company in Gusu District, Suzhou plans to apply for a registered trademark. What materials are needed to apply for a registered trademark now? What is the process of applying for a registered trademark? The editor has brought it to you? Trademark You may need some knowledge about the registration process.

Trademark registration process

Trademark registration process 1. Formal review

After formal review, the application procedures are complete and the application documents are filled in in accordance with regulations, the Trademark Office will issue Send 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 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.

Information required for trademark registration

1. If applying for registration under a company name, a copy of the business license must be provided, and the official seal must be stamped on the copy of the business license;

2. If you apply for registration in your personal name, you must provide a copy of your personal ID card and a copy of the individual industrial and commercial household's business license. The copy of the individual industrial and commercial household's business license must be stamped with the official seal;

3. Provide trademark text or drawings. If the color needs to be protected, color drawings are also required;

4. Provide the goods/services to be registered, which can be based on the goods operated by the applicant or the services provided. , to be filled in with reference to the ninth edition of the "International Classification of Goods and Services for Trademark Registration" (Nice Classification) and the "Classification Table of Similar Goods and Services" modified by the Trademark Office based on the above-mentioned international classification table;

5. Provided The "Trademark Agency Power of Attorney" with official seal or signature, which can be obtained from this website; especially note that the address on the "Trademark Agency Power of Attorney" should be exactly the same as the registered address on the business license.

How to register a brand trademark?

(1). Search:

1. Domestic applicants provide the company’s agents with drawings for trademark registration for review. New search;

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, applicants 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. Identical or similar to the country name, national flag, national emblem, military flag, and medals of the People's Republic of China;

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

3. The same or similar symbols and names as the Red Cross and Red Crescent;

4. The same flags and emblems of intergovernmental international organizations, The names are the same or similar;

5. The common name and graphics of the product;

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

7. Nationally discriminatory;

8. Exaggerated propaganda and deceptive;

9. Harmful to socialism Morality or other adverse effects.

(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 submitted; if a registered trademark needs to change the name, address, or other registration matters of the registrant, a change application should be submitted.

(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.

How to identify similar trademarks

A similar trademark refers to the similar font, pronunciation, and meaning of the trademark text, the similar composition, coloring, and appearance of the trademark graphics, or the overall arrangement of the combination of text and graphics. The combination method and appearance are similar, the shape and appearance of the three-dimensional mark of the three-dimensional trademark are similar, and the color or color combination of the color trademark is similar. When used on the same or similar goods or services, it is easy for the relevant public to misunderstand the source of the goods or services.

To determine whether trademarks are identical or similar, we should first determine whether the designated goods or services belong to the same or similar goods or services; secondly, we should determine from the shape, sound, meaning and overall expression of the trademark itself, etc. Based on the general attention of the relevant public as the standard, and adopting the method of overall observation and comparison of the main parts, it is judged whether the trademark mark itself is the same or similar.

Correctly judging similar trademarks and rationally resolving similar trademark disputes in accordance with the law will not only help safeguard the company’s exclusive rights to registered trademarks and protect the legitimate rights and interests of companies and consumers, but will also help promote the implementation of the company’s trademark and brand strategy. , to promote sound and rapid development of the national economy.

Trademark registration processTrademark registration