How to apply for a patent for a store name?

How to apply for a patent for a store name. Applying for a patent is a very common phenomenon in real life, and patent application is relatively difficult. The applied patent needs to have Patent rights will only be granted based on the conditions for patent authorization. So how do you apply for a patent for your store name? How to apply for a patent for a store name 1

1. Procedure for applying for a patent for a store name

The name of a store does not fall within the scope of patent rights, so the store name cannot be patented. Once a store's name is registered with the Industrial and Commercial Bureau as an individual business owner or company, it will naturally obtain the "trade name right", and the trade name right will enjoy exclusive rights in the place where the trade name is registered.

For the name of a store, you can also submit a trademark registration application to the Trademark Office of the International Administration for Industry and Commerce. Once the application is reviewed, announced, and approved for registration, the name will have "trademark rights." The trademark is protected in the registered category or a similar category and enjoys exclusive rights.

2. What procedures are required to apply for a patent for a restaurant name?

Generally, restaurant names cannot be patented, but can be trademarked.

(1) You can go to the registration hall of the local Trademark Office in person, or you can entrust a trademark agency to handle it.

(2) Information required for application: trademark drawing, scope of goods or services to be used for the registered trademark, identity documents: individual business license and copy of personal ID card.

(3) Application procedures:

① Search the trademark first. If there is no identical or similar one before, you can prepare application documents and submit the application;

② About 3 months after the application is submitted, the Trademark Office will issue you an application acceptance notice. This period is called the formal review stage.

③After the formal review is completed, it will enter the substantive review stage, which will take about 9 months.

④ If the substantive examination is passed, it will enter the announcement process. This period is 3 months.

When the announcement period expires and no one raises any objection. You can get the registration certificate.

Article 22 of the Trademark Law of the People's Republic of China: Applicants for trademark registration shall fill in the product category and product name of the trademark in accordance with the prescribed product classification table, and submit an application for registration.

A trademark registration applicant can apply to register the same trademark for multiple categories of goods through one application.

Trademark registration applications and other relevant documents can be submitted in writing or by data message.

3. What are the principles of trademark registration?

Trademark registration needs to follow the following principles:

1. The principle of combining voluntary registration and compulsory registration. Most trademarks in my country adopt the principle of voluntary registration. Producers and operators of goods that require the use of registered trademarks under national laws and administrative regulations (mainly cigarettes, cigars, and packaged cut tobacco) must apply for trademark registration. Without approved registration, the goods shall not be sold in the market.

2. Principle of prominence. The trademark applied for registration shall have distinctive features and be easy to identify, and shall not conflict with the legal rights previously obtained by others (such as design patent rights, name rights, and copyrights).

3. Principle of trademark legality. The trademark applied for registration shall not use signs prohibited by law. Registered trademarks using place names will continue to be valid. Without authorization, an agent or representative registers the trademark of the principal or represented person in his or her own name. If the principal or represented person raises an objection, the registration shall not be granted and use shall be prohibited. If a trademark contains a geographical indication of a commodity, but the trademark does not originate from the area indicated by the mark, and it misleads the public, it shall not be registered and its use shall be prohibited; except where the place name has other meanings or is part of a collective trademark or a certification mark; if it has been registered The trademark using the place name will continue to be valid.

4. When the trademark registration application is reviewed and announced, if two or more trademark registration applicants apply for registration of the same or similar trademarks on the same goods or similar goods, the preliminary The trademark that was applied for earlier will be reviewed and announced; if the application is made on the same day, the trademark that was previously used will be initially reviewed and announced, and applications from others will be rejected and will not be announced.

5. The principle of prohibiting preemptive registration of trademarks. When applying for trademark registration, you must not use unfair means to preemptively register a trademark that is already used by others and has certain influence. How to apply for a patent for a store name 2

If you only want to use the store name yourself, that is, to build your own brand, it is within the scope of registering a trademark. The specific process is as follows:

1. Choose your favorite trademark .

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

2. Check the registration status

Go to the official database and trademark query system "China Trademark Network" to check the previous registration status, evaluate the registration risks, make repeated modifications, and finally determine the trademark to be registered .

3. Prepare trademark registration application materials

Prepare trademark registration application materials: trademark registration application form; (this is not required for online application) power of attorney (if entrusting an agency) ; Main body certification materials (personal ID card and individual industrial and commercial license, company's corporate business license). In addition, a trademark pattern must be produced. It is recommended to have 800*800 pixels and 100 resolution. If it is too small, it will easily blur.

4. Submit application materials

The first way is to entrust a filing agency to submit, you can go to the National Trademark Office website to find a local agency; the second way is to Submit in person at the registration hall of the State Trademark Office.

5. Waiting for formal review by the Trademark Office

After the Trademark Office passes the formal review, it will issue a trademark acceptance notice. It takes about 20 working days (i.e. about 1 month). If the formal review is not passed, you need to make corrections or resubmit the application. Once you get the trademark acceptance notice, you can mark the trademark with the "TM" logo and use it.

Extended information:

It takes about 12 months from submitting the application to finally getting the trademark registration certificate, of which the acceptance is issued about 1 month after the application is submitted, and the first 6 months after the application is accepted. Months are the review schedule, the next three months are the announcement period after passing the Trademark Office review, and finally it takes about two months to make and issue the certificate.

Applicants need to always pay attention to whether there are objections raised by others during the announcement period, and submit an objection defense letter according to the objection defense notice issued by the Trademark Office to safeguard their legitimate rights and interests.

Article 40 of the "Trademark Law of the People's Republic of China" stipulates that if a registered trademark has expired and needs to be continued to be used, the trademark registrant shall handle the matter in accordance with the regulations within twelve months before the expiration date. Renewal procedures; if the application cannot be completed during this period, a six-month extension period can be given.

Each renewal of registration is valid for ten years, starting from the day after the expiration of the previous term of validity of the trademark. If renewal procedures are not completed upon expiration, the registered trademark will be cancelled. How to apply for a patent for a store name 3

Detailed explanation of the process

1. Filling in and writing patent application documents

There are specific requirements for filling in and writing patent application documents. Applicants can fill in or write it themselves, or entrust a patent agency to handle it for them. Although it is not compulsory to appoint a patent agent, considering the importance of carefully drafting patent application documents and the legal rigor of the approval process, it is worth promoting for inexperienced applicants.

2. Acceptance of patent applications

After receiving the patent application from the Patent Office Acceptance Office or each patent office agency, for applications that meet the acceptance conditions, the application date will be determined and the application will be processed. No., a notice of acceptance is issued.

3. How to pay the application fee

The application fee and other fees can be paid directly to the Patent Office Charge Office or the Patent Office Agency, or remitted through a bank or post office. Or registered users of electronic applications can pay patent fees by logging into the China Patent Electronic Application Network and using the online payment system. Currently, banks use electronic transfers and post offices use electronic remittance.

When the payer pays the patent fee through the post office or bank, the correct application number or patent number should be written on the money order, and the abbreviation of the name for which the fee is paid should be used.

The remitter should ask the bank or post office staff to enter the above payment information in the remittance postscript. If the remittance is made through the post office, the remitter should also ask the post office staff to enter the complete mailing address, including postal code. This information is in It will play an important role in future procedures. Fees shall not be sent to the Patent Office Acceptance Office or other departments of the Patent Office or to individual examiners.

4. Time for payment of application fee

If the patent application documents are submitted in person, the application fee can be paid after obtaining the acceptance notice and the application fee payment notice. If the application is submitted by mail, the application fee should be paid after receiving the acceptance notice and the application fee payment notice, because the corresponding application number needs to be stated when paying the application fee, but the date for payment of the application fee must not be later than the date of the application. Two months from date.

5. Patent approval process

According to the Patent Law, the approval process for invention patent applications includes five stages: acceptance, preliminary examination, publication, substantive examination and authorization. Utility model or design patent applications are not subject to publication and substantive examination during the approval process, but only three stages: acceptance, preliminary examination and authorization.

6. Active modification and correction of patent application documents

Active modification and correction of patent application documents is also a procedure that applicants can choose according to their needs. Utility model and design patent applications are only allowed to submit active amendments within two months from the filing date;

Invention patent applications are only allowed when a request for substantive examination is made and upon receipt of an invention patent application issued by the Patent Office. The patent application documents shall be actively revised within three months from the date of notification of entering the substantive examination stage.

7. Reply to various notices from the Patent Office

(1) Comply with the response deadline. The consequences of late response and non-response are the same. Respond to the issues pointed out in the examination opinion notice one by one. The reply can be based on the review opinions or modify the application; if you disagree with the examiner's opinions, you should state your opinions and reasons.

(2) Defects in form or procedure can generally be eliminated through correction; obvious substantive defects are generally difficult to eliminate through correction or modification. In most cases, the only way to determine whether they exist or are obviously substantive is Defend and state opinions regarding deficiencies.

(3) Corrections or modifications to an invention or utility model patent application shall not exceed the scope recorded in the original description and claims, and modifications to a design patent application shall not exceed the scope of the original description and claims. The range represented by the original image or photo. Modified documents should submit replacement pages in the prescribed format.

(4) The reply should submit documents in the prescribed format. Such as submitting an amendment or statement of opinion. Generally, a correction letter is used to correct formal issues or procedural issues, and a statement of opinion is used to amend the substantive content of the application. If the applicant disagrees with the examiner's opinion, a statement of opinion is used when making a defense.

8. The patent application is deemed withdrawn and its restoration

If the required procedures are not completed within the time limit, the application will be deemed withdrawn, and the Patent Office will issue a deemed withdrawal notice. If the applicant has legitimate reasons, he may request the Patent Office to restore his rights within two months from the date of receipt of the deemed withdrawal notice and explain the reasons.

To request the restoration of rights, a "Request for Restoration of Rights" should be submitted, explaining the legitimate reasons for delaying the time limit, paying the restoration fee, and completing various unfinished procedures that should be completed. The re-application procedures and repayment of fees should generally be completed within the above two months.

9. Handle patent registration procedures

After preliminary examination of utility model and design patent applications, and substantive examination of invention patent applications, if no reason for rejection is found, the Patent Office will issue an authorization Notice and registration formalities notice. After receiving the authorization notice and registration formalities notice, the applicant shall complete the registration formalities and pay the prescribed fees within two months in accordance with the requirements of the notice.

If the registration procedures are completed and the prescribed fees are paid within the time limit, the Patent Office will grant the patent right, issue a patent certificate, record it in the patent register, and announce it in the Patent Gazette. The patent right will be announced since Effective from that date. Failure to complete registration procedures within the prescribed time limit shall be deemed to have given up the right to obtain patent rights.

10. Fees payable for registration procedures

When going through registration procedures, there is no need to submit any documents. Applicants only need to pay patent registration fees, announcement printing fees, and authorization fees in accordance with regulations. The annual fee and stamp duty for that year.

11. Maintenance of patent rights

After a patent application is granted a patent right, the patentee shall prepay the annual fee for the next year one month before the expiration of each year. If the annual fee is not paid or is not fully paid at the end of the period, the Patent Office will issue a payment notice and notify the patentee to pay the annual fee within six months from the expiration date and pay a late payment fee at the same time.

The amount of the late payment fee is calculated as an additional 5% of the full annual fee for that year for each month beyond the prescribed payment time; if the payment is not made at the end of the period or the amount paid is insufficient, the patent right shall pay the annual fee. Terminates on the expiration date.

12. Termination of patent rights

Termination of patent rights can be divided into:

(1) Termination upon expiration of term: invention patent rights The utility model or design patent right shall be maintained for 10 years from the date of application and shall be terminated in accordance with the law;

(2) Termination for non-payment of fees: The Patent Office issues a payment notice to notify the application After the applicant has paid the annual fee and late fee, if the applicant still fails to pay or fully pays the annual fee and late fee, the patent right shall be terminated from the expiration date of the previous year;

(3) Due to the abandonment of the patentee Termination of the patent right: After the patent right is granted, the patentee can voluntarily request to give up the patent right at any time by submitting a declaration of relinquishment of the patent right. The date of issuance of the formalities compliance notice issued by the examiner in response to the declaration of relinquishment of the patent right shall be the effective date of the relinquishment. The patent rights expire on that date.

13. Invalidity of patent rights

From the date of authorization of a patent application, if any unit or individual believes that the grant of the patent right does not comply with the relevant provisions of the Patent Law, it may request a declaration that the patent right is invalid. The patent is invalid. Anyone who requests to declare a patent right invalid or partially invalid shall pay the fee in accordance with the regulations, submit a request for invalidation, indicate the name and patent number of the patent requested to be invalidated, and state the facts and reasons based on it.

Attach provide the necessary evidence. If any party is dissatisfied with the decision on a patent invalidation request, it may file a lawsuit with the People's Court within three months from the date of receipt of the notice. The Patent Office will register and announce the decision after it becomes legally effective. A patent right declared invalid is deemed to have ceased to exist from the beginning.