Abstract
In order to effectively promote the healthy and rapid implementation of the well-known trademark plan of the Winning Industrial Company, the well-known trademark recognition cases and the "Trademark Office of the State Administration of China" were successfully implemented in the business community Based on the investigation of information on well-known trademarks, the following "Implementation Plan for Well-known Trademarks of Winning Industrial Company" has been specially formulated to guide the implementation of well-known trademarks of Winning Industrial Company.
1. Definition of well-known trademarks and application procedures
2. Comparison of old and new documents on the identification of "well-known trademarks in China" (see attachment 1)
3. The work cycle of applying for a well-known trademark
IV. Current status and analysis of industrial trademarks that win bids
I. Current status of company trademarks
II. Existing problems and solutions< /p>
5. Implementation and Promotion Plan for Winning Industrial Well-known Trademark Recognition
6. Risks and Avoidance Strategies in Well-known Trademark Recognition
7. After recognition, the well-known trademark Consolidation and development strategies
8. Trademark management system of Zhongbiao Industrial Co., Ltd.
Definition and application procedures of a well-known trademark
State of the People's Republic of China The 2003 version of the "Regulations on the Recognition and Protection of Well-known Trademarks" of the State Administration for Industry and Commerce stipulates:
Article 2: Well-known trademarks refer to trademarks that are widely known to the relevant public in China and enjoy a high reputation.
The relevant public includes consumers related to the certain type of goods or services marked by the trademark, other operators who produce the aforementioned goods or provide services, as well as sellers and related personnel involved in the distribution channels.
The relevant public of the winning industrial company are: personnel from government departments, municipal sanitation systems, road maintenance and rescue departments, personnel from large enterprises, airports, etc.; shareholders, finance, etc.
Article 3 The following materials can be used as evidence to prove that a trademark is well-known:
(1) Relevant materials proving the relevant public’s awareness of the trademark;
(2) Relevant materials proving the duration of use of the trademark, including the history and scope of use and registration of the trademark;
(3) Proving the duration, extent and scope of any publicity work for the trademark Relevant materials on the geographical scope, including the methods of advertising and promotion activities, geographical scope, types of promotional media, and the amount of advertising;
(4) Records proving that the trademark is protected as a well-known trademark Relevant materials, including relevant materials that the trademark has been protected as a well-known trademark in China or other countries and regions;
(5) Other evidence materials proving that the trademark is well-known, including recent major products using the trademark Three years of production, sales volume, sales revenue, profits and taxes, sales area and other relevant materials.
Among them, relevant information provided by domestic professional trademark agencies believe that for enterprises to recognize well-known trademarks, they must provide the following information:
1. Request for application for recognition of well-known trademarks
< p>1) Reason for application - infringement facts, discovery of the source of the infringement case2) Enterprise introduction
Enterprise development history, ownership, nature, business scope, registered capital
Assets Total amount, branches, subsidiaries, operating status, etc.
2. Trademark pattern applied for recognition
Copy of trademark pattern Copy of trademark registration certificate
3. Enterprise implementation Trademark strategy and goals
4. Trademark registration and management regulations
5. The earliest use of the trademark and the duration of continuous use (all materials provided should indicate the source)
p>
6. Infringement of trademark rights and losses
7. Industry association certification materials
8. Market survey data should be sufficient to prove the popularity of the product among relevant consumers Popularity
9. Sales volume and sales areas across the country in the past three years (sales invoices and contracts)
10. Main economic indicators in the past three years (annual output, sales, Profit, market share, etc.; financial statements are required, and copies must be stamped with the official financial seal)
11. The company’s ranking among domestic and world peers (certifying documents from industry associations and competent authorities are required) Haoneng has valid proof that the goods using the trademark are ranked first in China
12. Sales volume and sales area of ??the goods using the trademark in foreign countries (regions)
1) Export situation (Introduction and documentary evidence of the export company)
2) Export delivery status (sales volume and sales area, relevant department documents, customs declaration forms, etc. are required)
13. Trademark advertising Release status
1) Advertising expenditures in the past three years (can include in tabular form: media name, radiation area, amount, time, etc.)
2) Publicity materials in the past three years Compilation (publicity materials for various national newspapers and periodicals, site photos and copies of celebrity visits, inscriptions, etc.)
3) Advertising contracts and invoices (copies)
4) In " For color page advertisements on "China Trademark", it is best to conduct one or two large-scale advertising planning activities with a certain momentum in Beijing in the past year
14. Other supporting documents proving that the trademark is well-known
< p>1) Trademark management situation (trademark license contract record form, copy of the license contract and internal trademark management overview, system and relevant department documents, etc.)2) Acquisition of the company and products using the trademark Certificates of honors and awards at all levels (copies)
15. Claims related to trademark infringement
1) Trademark disputes and litigation in the country
2) Trademark disputes and litigation abroad
Including anti-counterfeiting overview, complaint materials, handling decisions of relevant departments, penalty decisions, physical evidence and photos of infringement orders; copies of the court’s criminal judgment for infringement of the trademark, etc.
16. Registration status of corporate trademarks in foreign countries (regions) (registration certificates should be provided)
1) Madrid trademark registration status
2) National registration status
Note: Application materials must be submitted in duplicate.
Acceptance by branch office → Application by trademark owner → Preliminary review by the Municipal Bureau’s Enforcement Section → Approval by the director → Review → Transfer to the bureau to the province → Review by the provincial bureau → Transfer to the National Bureau → Review → Submit to the Well-known Trademark Recognition Committee → After collective research and identification → Announcement → Issuance of the certificate
The procedure for winning the bid has changed: Preliminary review by the Enforcement Section of the Municipal Bureau → Approval by the Director → Review → Verification Transfer to the provincial bureau → provincial bureau review → transfer to the national bureau → review → submit to the Well-known Trademark Recognition Committee → collective research and certification → announcement → certification (for specific procedures, please refer to the recommendations of professional companies) Certification agency
China National Well-known Trademark Recognition Committee of the Trademark Office of the State Administration for Industry and Commerce
Comparison of old and new documents on the recognition of "well-known trademarks in China"
Comprehensive analysis of the 2002 April 2002 issued by the State Administration for Industry and Commerce in recent years We found that the monthly version of the document (see Appendix 1) and the 2002 and previous versions of the document (see Appendix 2) have the following salient features:
1. Changes in the identification method: from enterprise initiative application to (When infringement occurs) The enterprise is determined passively.
2. Understanding of new changes in identification methods:
1) Prerequisite: There must be reasonable facts that the enterprise’s trademark has been infringed
2) Determination process: On the basis of Company A providing credible infringement facts, Company A will first file a legal lawsuit against Company B for infringement based on the facts, and determine whether Company A's trademark is a well-known trademark, and then confirm that Company A's trademark is a well-known trademark. On the basis of this, make a legal ruling on Company B.
3. Changes in the subject of well-known trademark recognition: from the Trademark Office (on August 14, 1996, the State Administration for Industry and Commerce promulgated the "Interim Provisions on the Recognition and Management of Well-known Trademarks") to the Trademark Office and Trademark Review Committee, and stipulates that after registration with the Trademark Office, if a dispute arises during the trademark review process, you can apply to the Trademark Office or the Trademark Review Board for recognition of a well-known trademark.
4. Well-known standards: The "Trademark Law" and the "Trademark Law Implementation Regulations" do not list the standards for the popularity of relevant trademarks among consumers (generally speaking, 20% of consumers in France It can be regarded as well-known if it is known by readers, and in Germany it should reach about 40%). (See Appendix 3 for details)
The above changes have put forward new requirements for Winning Industry to implement the well-known trademark recognition plan.
1. The company’s trademark must have a complete trademark registration system to prevent other companies from applying for well-known trademark protection at the same time or in advance and hindering the company’s application.
2. When applying, the company must be able to find out and provide the facts of malicious infringement by other companies, so as to facilitate the filing of lawsuits and the substantive application process.
3. To ensure the greatest possibility of success, it is necessary to find a professional trademark agency to guide the operation, shorten the success time and improve the efficiency of the application work.
4. The company should also organize a "well-known trademark project team" of 2-3 people to be responsible for the application of well-known trademarks to complete various tasks in a systematic and orderly manner.
Three working cycles for applying for well-known trademarks
In view of some practical situations of company trademark registration and the relevant legal procedures for applying for well-known trademarks, the application work can be roughly divided into the following two stages:< /p>
1. Preliminary preparation stage--2003/8-2004/8
Mainly based on the industry the company is in, the trademark category of the company's trademark and the industries the company may enter in the future. , supplement, extend and improve the company's trademark registration status to strengthen the company's trademark self-protection capabilities and lay a solid foundation for the next stage of application work.
2. Start the application stage--2004/8-2004/10
Through detailed market research, find out what other companies (mainly companies with the same trademark) have said about the trademark of the winning industrial company. The malicious infringement facts will be used as a basis to file lawsuits against the infringing enterprises through relevant judicial organs to safeguard the interests of the company.
3. Formal application stage--2004/10--2005/4
After passing the detailed information prepared in the first stage and delivering it to the judicial authorities and the Trademark Office; the Trademark Office will Conduct a comprehensive review of the company's trademarks in accordance with the relevant review procedures to determine whether the company's trademarks meet the requirements for well-known trademarks.
IV. Recognition and Maintenance Stage - 2005/4 and beyond
Through the solid work in the above three stages and on the basis of avoiding relevant application risks, the company obtained the The determination is realistic and feasible. After obtaining formal recognition from the Trademark Office, the company's trademarks must be scientifically managed and effectively maintained and rights-protected to ensure that the company's interests are effectively protected by law.
The above-mentioned four-stage division is mainly for the purpose of better understanding the application for well-known trademarks and effectively completing this work.
Four Winning Industrial Trademark Status and Analysis
1. Current Status of the Company’s Trademarks
1. Basic Situation of the Company’s Trademarks
1) Registration Status : The company currently only has 6 registered trademarks in Category 7 and Category 12. The registration numbers are: 1661724, 1649721, 1625651, 1637977, 1637978 and 1657973; among them, there is no graphic under the 1661724 registration number.
In 2000, we applied to the Hunan Provincial Administration for Industry and Commerce for trademark registration of the words and graphics of "Winning the Bid" and obtained approval from the State Administration for Industry and Commerce in September 2001. The trademark registration certificate numbers are 1639977 and 1637978.
2) Trademark form: and winning bid, etc. (see the table below for details)
3) Trademark category: Company trademarks are only available in certain groups in categories 7 and 12 However, some of the company's existing products, such as "tire cleaning machine", have entered other trademark groups, that is, the scope of use of the trademark has been expanded.
Basic Information Table of Trademarks of Winning Industrial Company
2. Information about trademarks with the same name
Through online surveys and searches in the Trademark Office’s trademark inquiry system, the following enterprises with trademarks of the same name were found ：
A registered enterprise
1) Zhejiang Cixi Changhe Zhongbiao Sanitary Ware Factory
2) Zhongshan Zhongbiao Building Materials Co., Ltd.
3 ) Ruian Zhongbiao Electric Co., Ltd.
4) Yu Changjiang Decorative Stainless Steel Factory
5) Yancheng Dagang Petroleum Tools Factory
6) Fu'an City Winning Bid Sewing Machine Motor Factory
Among them, Yancheng Dagang Petroleum Tool Factory and Fu'an Zhongbiao Sewing Machine Motor Factory belong to the seventh category of trademarks (not in the same group) as Zhongbiao Industrial.
B Recently Famous Trademark Enterprise
Beijing Zhongbiao Lian Enterprise Management Consulting Co., Ltd.
Beijing Zhongbiao Yigao Air Conditioning Mechanical and Electrical Equipment Co., Ltd.
China Aviation Industry Standard Parts Manufacturing Company
C Unregistered Enterprise
1) Beijing Zhongbiao Engineering Technology Company
2) Urumqi Zhongbiao Trading Co., Ltd.
3) Hebei Winning Bid Nursery Base
4) Winning Bidding Network-Beijing Century Xinzhou Cultural Communication Center
See the table below for the details of the trademarks of the above companies:
Statistical table of enterprises with the same (nearly) famous trademarks
2. Existing problems and solutions
1. Problems
1) Company trademark registration system Incomplete, there are legal risks
A The combination of patterns and text is incomplete
B The color of the pattern is not specified
C In the relevant trademark categories and current There are other groups in the category that have not been fully registered, leaving registration loopholes; this is particularly important, and some trademarks with the same name are in the same category as company trademarks, and some are registered first, which is very likely to be used by these companies. Counter-litigation resulted in the company's application being aborted and even being limited to annulment
D No registration of Chinese pinyin for Chinese characters
E No registration of English names and unique fonts
F There is no combined registration of Chinese trademarks and English trademarks
2) The company's trademarks are poorly managed and there is no dedicated person in charge
3) The management of the company's trademarks and patent intellectual property rights is poorly integrated
2. Solution strategy
1) Set up special positions for professional management
2) Improve the registration system and strengthen rights investigation and protection
Five Winning Industrial Well-known Trademark Recognition Implementation and Promotion Plan
1. Preparatory Stage--2003/8-2004/8
1. Rapidly improve the trademark registration system
< p>1) Combine the characteristics of the company, complete the trademark category registration2) Complete the group registration under the trademark category
3) Complete the company trademark graphics, Chinese characters and Combination registration of English trademarks
4) Designated fonts and colors of registered trademarks
5) Basic advertising slogans of registered companies
6) Entrusting a professional trademark agency Register abroad
2. Collect basic materials and write application materials
Refer to the National Trademark Office’s requirements for supporting materials for well-known trademark applications (see Document 1 for details). Relevant data materials and written documents for filing
3. Investigate the situation of enterprises with the same (nearly) famous trademark and the facts of infringement to guide the application work
Establish a "well-known trademark project team" and pass multiple Conduct direct and indirect investigations at the Trademark Office, trademark agencies or local markets through various channels to learn the basic situation of enterprises with the same (nearly) famous trademark, especially their trademark development and their willingness to apply for well-known trademarks and readiness.
At the same time, we must vigorously investigate the facts of other companies’ infringement of the company’s trademarks to pave the way for the next stage of application work.
4. Do a good job in basic publicity work based on the company's market conditions
Brand "awareness" is the first important indicator for the assessment of well-known trademarks, and publicity in the form of advertising, news, public relations and other forms It is also a powerful means to enhance brand awareness. The National Trademark Office clearly pointed out in the documents for assessing well-known trademarks that the assessed corporate trademarks should have a high reputation among the relevant public, and required historical documents of advertising and publicity to prove this.
2. Start the application stage--2004/8-2004/10
Based on the facts of infringement, a lawyer from a professional trademark agency can file a judicial lawsuit against the infringer with the National Trademark Office to officially enter the application stage. At the same time, the materials prepared in the first stage to prove that the company's trademark is well-known will be delivered to the National Trademark Office for review and recognition.
1. File a lawsuit against the infringer
2. Submit supporting documents to the Trademark Office
3. Work with trademark agencies to coordinate public relations with the Trademark Office< /p>
3. Formal application stage--2004/10--2005/4
1. Add supplementary supporting materials
2. Invite the Trademark Office and the Review Committee to be important Representatives visited the company
3. Public relations with the provincial government and the Provincial Administration for Industry and Commerce to obtain support from relevant departments
IV. Recognition and maintenance stage--2005/4 and In the future
1. Hold the "Standardizing market operations to guide industry development--Zhongbiao Industrial Company won the title of 'China's Well-known Trademark' press conference", inviting the Trademark Office, environmental sanitation machinery industry authorities and associations, provinces, cities and Relevant department leaders, some major customers and other relevant personnel attended the conference together to further publicize and promote the visibility and reputation of Winning Industrial Company and increase efforts to combat trademark infringement, creating momentum and clearing the way for the company's future development.
2. In order to routine the company's trademark management and future anti-counterfeiting and rights protection work, change the company's "well-known trademark project team" to the "company trademark management team" or create a "trademark property administrator" position , in order to further guide the company's development from the perspective of intellectual property management, and effectively reduce the company's operating risks
Possible risks in the identification of six well-known trademarks and their avoidance strategies
From the above Analysis shows that there are more than ten registered companies in China with the same name as the company's trademark. Among them, some companies with the same name are not in the same industry as the company, but several companies are indeed in the same big industry as the company - the machinery industry. , and the registration time of the trademarks of some peer companies is before the winning industry. This situation poses great risks to the company's application for well-known trademarks, because once these registrations are earlier ("first to register" is an important principle of China's trademark law (1) peer companies also apply at the same time or first, the application of the winning industrial company may be greatly hindered or even face the danger of being ordered to be revoked by the peer company. The risks and their avoidance strategies are now described as follows:
1. Possible risks
1. The leakage of business secrets will cause peer companies (previously registered) to maliciously apply for certification first, which will bring disaster to the company
2. A peer company (previously registered) consciously applied for recognition of a well-known trademark, and the company's application was blocked or canceled
3. There is no infringement fact or insufficient infringement fact, resulting in the inability to start the recognition work
4. The application materials for well-known trademarks are insufficient (such as insufficient publicity, etc.) and lack persuasiveness, resulting in the application being invalid or progressing slowly
2. Risk avoidance strategies
1. Establish a special "well-known trademark project team" to improve professionalism, prevent malicious leakage of business secrets, designate effective reward and punishment measures, and ensure the smooth progress of the application work
2. Investigate the situation of peer companies in detail, Grasp its trends to take response measures
3. Promote application preparation and formal recognition work in a planned manner, complete all tasks quickly and efficiently, and seize the opportunity of peer companies (first registered) Carry out application identification one by one before taking action
4. Strengthen investigation and research and collect relevant infringement facts
5. Cooperate with professional trademark agencies to organize and produce effective application materials. Ensure the normal execution of the application for recognition; at the same time, it can use its unique resources to facilitate the smooth development of the company's trademark application
After seven recognitions, the consolidation and development strategy of well-known trademarks
Under normal circumstances, the application of the winning industrial company should be recognized by the National Trademark Office relatively smoothly; indeed, after the company obtains this title, not all the work is over, and the company must continue to effectively manage the trademark Maintain and enhance development.
1. Trademark consolidation strategy
1. Strengthen publicity and promote market development
After the company obtains the "China Well-known Trademark", it should combine corporate publicity and product marketing Vigorously publicize this fact and the glorious title to bring new and powerful impetus to the development of the enterprise and the launch and sales of products; and this is also necessary publicity for "winning the bid" as a well-known trademark itself.
2. Strengthen maintenance and management to demonstrate the company's brand influence
Trademark is the tangible carrier of the brand, and the brand is the comprehensive improvement of the trademark entity. Scientific and effective management and maintenance of trademarks can ensure the stable and healthy development of the company's trademarks, and can also effectively promote the healthy development of the company's brand, effectively ensure the improvement and strengthening of the company's brand influence, and lay a good foundation for the company's development.
3. Strengthen rights protection and combat infringement
The success of well-known trademark application is a powerful proof of the economic strength, social resources and economic development strength of the province and city; success A well-known trademark will bring huge prestige and economic benefits to the enterprise, which may provide opportunities for other enterprises to exploit. Some unscrupulous businessmen or enterprises will counterfeit and imitate the company's trademark to seek profits and infringe on the interests of the winning industrial company. Therefore, , in order to effectively protect the company's interests from infringement and losses, it is necessary to intensify efforts to crack down on infringements in the market.
2. Trademark development strategy
1. Trademark strategic planning
The number of registered trademarks is an important parameter to measure the production and operation level and scale of an enterprise, and is also An important indicator to measure the level of economic development of a country. In the early stages of a business, trademark strategy is often not paid enough attention. However, when a company has entered the growth stage, it should promptly consider and formulate a practical trademark strategy in order to lay a good foundation for future development and growth. If an enterprise does not even have a registered trademark or the trademark system is incomplete, it is impossible to implement a trademark strategy.
Trademark strategy is an important part of a company's brand strategy, and a company's brand strategy is closely integrated with its advertising strategy. Winning industrial companies should develop trademark management and implement scientific and effective trademark strategies from a strategic perspective.
The company's trademark will go through three major processes: Hunan Province Famous Trademark, China Famous Trademark and World Famous Trademark. The company is currently implementing a trademark strategy of the same name for corporate trademarks and product trademarks. It is currently facing the reality of overall corporate restructuring. Therefore, its trademark strategy will be deeply imprinted with the restructuring. The specific new trademark strategy will likely be based on the same name trademark strategy. Change to a trademark strategy model in which corporate trademarks and product trademarks are separated.
2. Comprehensive use of trademarks and patent property rights
Trademarks and patents belong to the same category of intellectual property rights, and they are closely related. In fact, trademarks are a special kind of patent property rights. When managing trademarks and patented technologies, the two must be organically combined, so that they can complement each other and provide more effective protection for trademarks, thereby strengthening the protection of the company's well-known trademarks and protecting the company's interests from infringement to the greatest extent.
3. Guidance from "China's well-known trademark" to "World's well-known trademark"
If the company's trademark can develop from "China's well-known trademark" to "World's well-known trademark", it will It brings greater opportunities and space for the company's development, and is also a stepping stone and pass for products to go global and companies to achieve international operations. The development of the domestic market will surely face more intense competition in a certain period of time in the future, and the entry of foreign brands will Greatly accelerating the arrival of this period, the internationalization of the market is an inevitable trend of global economic integration and an inevitable choice for the development of regional enterprises. As a nationally strong enterprise, Zhongbiao Industrial Company, entering the international market and participating in international competition is an enterprise The need for self-development is also an inevitable choice due to the increasing competition in the domestic market. Therefore, the development of company trademarks will also face the historical process of development from "China's well-known trademarks" to "world-famous trademarks". Faced with this situation, sit back and It is better to wait than to take action. Now, consciously guiding it may be more conducive to the development of the company.
Trademark Management System of Ba Zhongbiao Industrial Co., Ltd.
In order to strengthen the effective management of the company’s trademarks, the following management suggestions are specially made, and the company leaders are requested to review and approve:
1. Set up a full-time position of "Trademark Administrator"
2. Promulgate and implement the "Trademark Management System of Zhongbiao Industrial Co., Ltd." (see below)
Trademark Management System of Zhongbiao Industrial Co., Ltd.
p>Chapter 1 General Principles of Trademark Management
Article 1 Objectives of Trademark Management
The objectives of trademark management are: to continuously improve the quality of trademarks through the correct use of trademark strategies and tactics. Credibility value, strive to create well-known trademarks, use well-known trademarks to promote products to expand markets, participate in competition, develop production, and improve corporate efficiency.
Article 2 Trademark Management Strategy
Establish a standardized trademark management system; ensure the distinctiveness and originality of the company's trademarks; ensure the timeliness of international and domestic registration of trademarks; ensure that trademarks are legally registered Use it correctly; ensure the quality and innovation of the goods designated by the trademark; ensure the credibility of goods and services; ensure reasonable advertising investment; ensure the inviolability of the exclusive right to use the trademark and the continuous appreciation of its value.
Chapter 2 Trademark Management Functions
Article 3 The general manager’s office of the company is the department in charge of trademark management. Its responsibilities are:
1. Responsible for formulating the company’s Rules and regulations for trademark management;
2. Responsible for the application, registration, renewal, transfer, evaluation, and use license review of the company’s trademarks;
3. Responsible for pre-printing Samples of trademarked items for review and approval;
4. Guide or participate in the company’s work in resolving trademark infringement and dispute cases;
5. Guide and supervise trademark management of subordinate enterprises and affiliated enterprises work;
6. Responsible for trademark file management and information processing;
7. Provide trademark professional knowledge consulting services and guidance;
8. Responsible for communicating with the government Liaison with the trademark administration department;
9. Responsible for other matters related to trademarks.
Article 4 Responsibilities of management departments, branches and affiliated enterprises
1. Have the obligation to protect the company’s exclusive rights to trademarks;
2. Perform trademark use The rights and obligations agreed upon by both parties in the licensing contract;
3. The right to make suggestions on the franchised use and paid licensing of exclusive rights to trademarks;
4. The Administrative Secretary Group of the General Manager Office of the Company Responsible for the trademarks and logos entrusted to be printed by the company;
5. The heads of each management department, branch companies and affiliated enterprises shall be responsible for the specific implementation of these measures.
Article 5 The company will include the performance of Article 4 of these Measures by the heads of various management departments, branches and affiliated enterprises into the work evaluation.
Chapter 3: Management of Trademarks in Administrative Operations
Article 6: In the early stages of new product development, the product development department must also consider the use of new product trademarks and shall follow the national trademark Apply for trademark registration to the general manager office of the company in advance according to the trademark review cycle of the bureau.
Article 7 Trademark application and registration procedures
Name proposal--search--application--acceptance--preliminary review announcement--approval
Approximate time 2 years
1. Propose a name
Relevant departments and affiliated enterprises shall submit a written application report for the proposed trademark name and pattern to the general manager office of the company.
2. Search
The applicant shall fill in the trademark name search form in accordance with the trademark search requirements. The general manager’s office of the company will conduct a name search with the National Trademark Office within ten working days, and within three The results will be fed back to the applicant within 10 working days.
3. Registration application and registration approval
The applicant should make a decision on whether to register a trademark based on the name search results. Fill out the trademark registration application form as required for the words, graphics, and combinations of text and graphics that require trademark registration, and submit eleven drawings (the drawings should be within the range of 10×10-5×5). Within fifteen working days of receiving the application, the company’s general manager’s office completed a preliminary check of the application documents and submitted a trademark registration application to the State Trademark Office.
After receiving the trademark acceptance notice from the National Trademark Office, the company’s general manager’s office will notify the trademark registration applicant in writing within ten working days.
Article 8 The general manager’s office of the company shall handle overseas trademark registration in accordance with the rules of international trademark registration according to the company’s business strategic needs.
Article 9 To prevent registered trademarks from being registered by others in relevant categories, all trademark design departments should pay attention to the design and registration of joint trademarks and defensive trademarks.
Article 10 The trade secret protection period is set for the company from the date of trademark design to the date when the State Trademark Office issues a preliminary announcement on the trademark applied for registration.
Article 11 If affiliated enterprises need to register their own trademarks, they may refer to these measures to handle the trademark registration procedures themselves. After the trademark is approved and registered, it shall be reported to the company’s general manager’s office for filing.
Article 12. Correction, amendment, objection, review, dispute, change, renewal of trademarks
1. Correction and amendment
For trademarks that are not approved after review For trademark registration applications that meet the requirements, the State Trademark Office will issue an "Examination Opinion" to the company. The general manager's office of the company will provide feedback to the trademark registration application unit within two working days after receiving the opinion. The applicant shall provide feedback within five working days. Make corrections and corrections as required by the notice.
2. Objection
Objection is divided into the following two situations:
First, the company believes that someone else’s trademark that has been preliminarily approved by the Trademark Office is in the same category or category as the company’s. If the trademark on a similar product category is the same or similar and is less than three months old, a "Trademark Objection" should be submitted to the Trademark Office in a timely manner;
Second, if someone else applies to our company and has been initially approved by the Trademark Office If an objection is raised against a trademark, the Trademark Office will require our company to respond within a specified period. The company's general manager's office will give feedback to the trademark registration applicant within two working days after receiving the notice. The applicant should prepare a defense opinion and submit it to the company's general manager's office within five working days. The company's general manager's office will respond three days after receiving the opinion. Submit it to the National Trademark Office within three working days.
3. Review
After receiving the "Notice of Rejection" issued by the State Trademark Office for rejecting the company's registration application or the "Notice of Objection Ruling" issued due to objection, the General Manager's Office 》, the trademark registration application unit should be fed back within two working days. If the applicant is dissatisfied, it should put forward relevant opinions within five working days. The general manager's office of the company shall submit an "Application for Rejection of Trademark Review" or an "Application for Trademark Objection Review" to the Trademark Review and Adjudication Board within three working days after receiving the opinions. , other relevant trademark review procedures shall be implemented in accordance with the provisions of the previous paragraph.
4. Dispute
If a company’s registered trademark is identical or similar to another’s registered trademark and used on the same or similar goods, and one party’s registered trademark has been registered for less than one year, the company’s general manager The office shall handle trademark dispute cases in accordance with dispute procedures.
5. Handling of Improperly Registered Trademarks
If the company believes that others have improperly registered a trademark, the general manager office of the company shall organize relevant departments within its jurisdiction to study and handle the opinions and submit a " "Application for Cancellation of Improperly Registered Trademarks"; if others believe that the company's trademark registration is improper and applies to the Trademark Review and Adjudication Board for cancellation, the company's general manager's office will organize the relevant departments to respond within the specified period.
6. Re-examination
Companies should make full use of the rights granted by law to respond to the final decisions or rulings made by the Trademark Review and Adjudication Board regarding rejection of re-examination, disputes, cancellation of improperly registered trademarks, etc. Submit a re-examination to the Trademark Review and Adjudication Board within one year in accordance with procedures.
7. Changes
If the company changes the registrant’s name, address or other registration matters specified by law due to business needs, the general manager’s office of the company shall report it to the state within the time specified by law. The Trademark Office files an application for change of registration.
8. Renewal
For trademarks that need to be renewed, within six months before the expiration date, the general manager office of the company shall go through the renewal procedures with the National Trademark Office.
The tasks listed in this article should be assigned promptly in case of special circumstances.
Article 13 Trademark Information Processing
The general manager’s office of the company should keep in regular contact with the government’s trademark management department, receive professional guidance, master trademark policies and regulations, understand trademark information, and improve Trademark management level. Regularly check the "Trademark Announcement" to promptly discover and handle trademark applications that are identical or similar to the company's registered trademark.
The general manager office of the company will publish relevant trademark information in a timely manner through "Winning Bidding Industry News", "Winning Bidding Industry Network", email and other means.
Article 14 Transfer and Assignment of Trademarks
1. The general manager’s office of the company shall handle the registered trademark evaluation procedures as necessary. Classify and manage trademarks. Regularly conduct trademark use publicity. For trademarks that have been idle for a long time or are rarely used, you can make suggestions for trademark transfer to the company, and the trademark transfer will be implemented after approval.
2. If the registered trademark of another person is transferred due to business needs, the purchasing unit shall submit an application to the company. After fully demonstrating the use value of the registered trademark being purchased, the registered trademark can be transferred. The transfer fee and the exclusive right holder of the trademark should be negotiated between the company and the unit that actually uses the registered trademark.
3. The transferee of a trademark must review the legality and validity of the transferor’s rights to the trademark and confirm that the trademark owner has no rights disputes or pledges with a third party before handling the transfer. Let the formalities go.
4. When transferring or transferring a trademark, the procedures and required procedures stipulated in the Trademark Law should be strictly followed to avoid losses caused by improper transfer or transfer.
Chapter 4 Management of Trademarks in Business Activities
Article 15 Requirements for the Use of Trademarks
1. To use a trademark approved and registered by the company, you must Mark the registered trademark and mark "R" on the product packaging.
2. Before using the company's registered trademark, you should confirm that its use is within the approved product scope. If you are not registered