What steps should be taken to apply for trademark registration? How should I apply for trademark registration? The editor has brought you relevant knowledge about "applying for trademark registration", which may be what you need.

What are the ways to obtain trademark rights?

The acquisition of trademark rights can be divided into original acquisition and inherited acquisition. According to Article 3 of my country’s Trademark Law, the original acquisition of trademark rights should be handled in accordance with trademark registration procedures. The exclusive right enjoyed by the trademark registrant over the registered trademark is protected by law. Succession and acquisition shall be handled in accordance with the procedures for contract transfer and inheritance of registered trademarks.

The system established by my country’s Trademark Law for the acquisition of trademark rights is that trademarks adopt the principle of voluntary registration. In reality, some people apply for registered trademarks, and some people do not register the trademarks they use. As a result, two situations arise in accordance with legal provisions. One is a registered trademark, and the other is an unregistered trademark. Both of these trademarks exist legally. Unregistered trademarks cannot be dismissed because they are not registered. Its use is not allowed.

What are the requirements for applying for a registered trademark?

First of all, Chinese applicants for trademark registration must be legally established enterprises, institutions, social groups, individual industrial and commercial households, and individual partnerships.

Secondly, the trademark applied for registration should meet the following conditions:

1. The trademark applied for registration must have legal constituent elements, that is, it must be text, graphics or a combination thereof, otherwise it cannot be used as a trademark.

2. The words, graphics or combinations used in the trademark should have distinctive features and be easy to identify. Among them, distinctiveness means that it should have its obvious characteristics.

3. The trademark applied for registration shall not use words or graphics prohibited by law.

4. The trademark applied for registration shall not be identical or similar to a registered trademark that has been revoked or canceled for less than one year. However, if you apply for registration of a trademark that is identical or similar to a registered trademark that has been canceled due to cessation of use for three consecutive years on the same or similar goods, you are not subject to this condition.

5. The trademark applied for registration shall not be identical or similar to a trademark that has been registered or preliminarily approved by others for the same or similar goods or services.

What is the process of registering a trademark?

Registering a trademark is roughly divided into six steps, and the information to be prepared is not complicated.

(1) Choose the registration method

One is to apply for registration at the Trademark Office of the local government’s Administration for Industry and Commerce; the other is to entrust an experienced trademark agency to organize agency services .

(2) Query

Before registration, it is best to find a more authoritative query company, because your trademark may be the same or similar to other registrants, so register Pre-inquiries can greatly reduce the risks of trademark registration and improve the certainty of trademark registration.

(3) Preparation of information

Prepare 10 trademark drawings, with the length and width not greater than 10 cm and not less than 5 cm. If the direction of the trademark drawing is unclear, arrows should be used to indicate the top and bottom. ; If the application is made by an individual, you need to show your ID card and submit a copy; if you apply by an enterprise, you need to show a copy of the company's "Business License" and submit a copy; a completed trademark registration application stamped with the official seal of the unit and signed by the individual.

(4) Start the application

Applicants for trademark registration must be legally established enterprises and institutions, social groups, individual industrial and commercial households, individual partnerships, sign an agreement with China, or sign an agreement with China* **Foreigners and foreign enterprises from countries that have participated in international treaties or handled in accordance with the principle of reciprocity.

(5) Determination of the filing date

Since my country’s trademark registration adopts the first-to-file principle, once you have a dispute over trademark rights with other companies, the company with the first filing date will be affected. Legal protection. Next are the three procedures of trademark review, preliminary review announcement, and registration announcement. It should be emphasized that for a trademark that has passed the preliminary review by the Trademark Office, registration can only be completed if an objection is raised by mistake three months after the announcement. The trademark is protected by law. The validity period of a registered trademark is ten years, calculated from the date of approval of registration. If the validity period expires and you need to continue to use it, you can apply for trademark renewal registration.

(6) Receive the trademark registration certificate

After the trademark is registered, the Trademark Office issues a certificate to the registrant.

How long does it take to register a trademark?

(1) Pre-inquiry for trademark registration (one day)

Trademark inquiry means that the trademark registration applicant or his agent Before filing an application for registration, conduct a search to see whether the trademark being applied for is identical or similar to the trademark with prior rights.

Trademark search is a professional job, and entrusting a professional team to do the search will provide you with more accurate advice. Beibiao has the official national trademark inquiry and analysis portal to accurately investigate and analyze for you.

(2) Trademark registration formal review (about one month)

Trademark formal review (about one month). Trademark formal review refers to the trademark registration authority’s review of applications for trademark registration. Whether the documents and procedures comply with legal requirements, if so, the review agency will assign an application number, determine the application date, and issue a "Registration Acceptance Notice." It is very important to establish the filing date. Since my country's trademark registration adopts the first-to-file principle, once the filing date occurs, it becomes the legal basis for determining trademark rights. The filing date for trademark registration shall be based on the date when the Trademark Office receives the application documents.

(3) Substantive review of trademark registration (about 24 months)

Substantive review of trademark (about 24 months). The substantive review of trademark is the review of the trademark registration application by the trademark registration authority. A series of activities such as inspection, data retrieval, analysis and comparison, investigation and research, and decision to give preliminary approval or reject the application are carried out in compliance with the provisions of the Trademark Law.

(4) Trademark Registration Preliminary Examination Announcement (About 3 Months)

Trademark Preliminary Examination Announcement (3 months) refers to the review of the trademark registration application that complies with the "Trademark Law" Decision to allow registration in accordance with relevant regulations. And be announced in the "Trademark Announcement". If no one raises any objection to a preliminary approval trademark within three months from the date of publication of the preliminary approval announcement, the trademark will be registered, a registration announcement will be published, and a registration certificate will be issued.

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