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Related trademark registration procedures in China in 2016

What is the process for registering a trademark in China today? How is the registration of a trademark carried out now? The editor has brought you relevant knowledge about "registered trademarks", which may include you need. How to register a trademark

Choose your favorite trademark. The range of choices includes text, graphics, numbers, letters, color combinations, and any combination of the above elements. Under the latest trademark law, sounds can also be registered as trademarks.

Go to the official database and trademark query system "China Trademark Network" to check the status of previous registrations, evaluate the registration risks, make repeated revisions, and finally determine the trademark to be registered and create a trademark logo pattern.

Prepare trademark registration application materials:

1. Trademark registration application;

2. Letter of attorney (if entrusting an agency);

3. Main body certification materials (personal ID card and individual business license, company's corporate business license).

4. Submit application materials. It must be submitted in person at the registration hall of the State Trademark Office.

5. Wait for formal review by the Trademark Office. After passing the review, a trademark acceptance notice will be issued. It takes about 60-80 working days (that is, about 3-4 months). If the formal review is not passed, you need to make corrections or resubmit the application.

After receiving the trademark acceptance notice, you can mark the trademark with the "TM" logo and use it.

6. It takes about 16 months from submitting the application to finally getting the trademark registration certificate. The acceptance is issued about 3 months after the application is submitted. The first 9 months after acceptance are the review schedule, and the subsequent Three months is the announcement period after passing the Trademark Office review, and the final period is about one month for the production and issuance of the certificate. Applicants need to always pay attention to whether there are objections raised by others during the announcement period, and submit an opposition defense letter according to the objection defense notice issued by the Trademark Office to safeguard their legitimate rights and interests.

7. After the above process, if it goes well, you can get the trademark registration certificate. The trademark registration protection period is 10 years. You can apply for trademark renewal 12 months before expiration. The official fee is 2,000 yuan (it can also be renewed within the extension period within 6 months after expiration, but you need to pay an additional extension fee of 500 yuan). , after this renewal, the term of the exclusive right to use the trademark will be extended for 10 years, and can be repeatedly renewed and extended. How to apply for trademark registration

1. When applying for trademark registration for the first time, the applicant should submit an application form, trademark drawings, supporting documents and pay the application fee. The applicant for drug trademark registration shall be accompanied by a copy of the drug production enterprise license or drug trading enterprise license issued by the health administrative department. If applying for trademark registration of tobacco products, the applicant shall be accompanied by certification documents of production approval by the national tobacco authority.

2. During the use of a registered trademark, if it is necessary to expand the scope of use, regardless of whether the expanded products belong to the same category as the originally registered trademark, a separate registration application must be submitted; the registered trademark needs to be changed If the registered trademark needs to change the name, address or other registration matters of the registrant, a change application must be submitted.

3. In the case of implementing the first-to-file principle, the determination of the application date is of great significance. The application date is generally based on the date when the Trademark Office receives the application documents. If the applicant enjoys priority, the priority date shall be the filing date. The Trademark Law stipulates that the right of priority can be enjoyed in the following two situations:

(1) Within 6 months from the date when the trademark registration applicant first files an application for trademark registration in a foreign country, If a trademark registration application is filed for the same goods with the same trademark in China, the foreign country may enjoy priority in accordance with the agreement signed by the foreign country with China or the international treaty to which the foreign country is a party, or in accordance with the principle of mutual recognition of priority;

(2) If a trademark is used for the first time on a product exhibited at an international exhibition sponsored or recognized by the Chinese government, the applicant for registration of the trademark may enjoy priority within 6 months from the date the product is exhibited. right.

Under what circumstances can a registered trademark be canceled?

According to the provisions of the Trademark Law, the Trademark Office can cancel a registered trademark under the following circumstances:

1. The legal period of a registered trademark has expired and has not been renewed. and renewal not approved.

2. If a trademark registrant applies to cancel its registered trademark or cancel the registration of its trademark on some designated goods, the exclusive right to use the registered trademark or the exclusive right to use the registered trademark on those designated goods shall be effective automatically. It will be terminated when the Trademark Office receives its cancellation application.

3. If the trademark registrant dies or terminates, and one year has expired from the date of death or termination, and the registered trademark has not been transferred, anyone can apply to the Trademark Office to cancel the registered trademark. When applying for cancellation, evidence regarding the death or termination of the trademark registrant must be submitted. If a registered trademark is canceled due to the death or termination of the trademark registrant, the exclusive right to use the registered trademark shall terminate from the date of the death or termination of the trademark registrant. How to register a brand trademark?

(1). Search:

1. Domestic applicants provide the company’s agents with the drawings of trademark registration applications for new searches;

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.

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