1. The length is 9.8cm and the width is only 2.5cm, which meets the requirements. As long as it can be pasted in the box on the back of the application form and the icon content is clear, it can be submitted.
2. The trademark can be a combination of Chinese and English. If it is a trademark that is a combination of Chinese and English, it needs to be written in the "Trademark Description" column of the trademark application form {"##" in English means " ##”} or {English “##” has no meaning}.
3. Starting from February 12, 2007, natural persons cannot register trademarks with only their ID cards. To register a trademark, a natural person must be the person in charge of a self-employed household and submit a self-employed license.
If a natural person registers a trademark, the scope of trademark registration he chooses is limited by the scope of his individual business license.
How to apply for registration of a commodity trademark or service trademark
1. Brief description
Natural persons, legal persons or other organizations for its production, manufacturing, processing, selection or distribution If the goods or services provided require the exclusive right to use a trademark, a trademark registration application shall be filed with the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) in accordance with the law. The International Classification of Goods and Services for trademark registration has 45 categories, including 34 categories of goods and 11 categories of services. A trademark designated for use on goods is a product trademark, and a trademark designated for use on services is a service trademark.
2. Processing Channels
There are two channels for applying to register a commodity trademark or service mark:
(1) Entrust a nationally recognized trademark agency to handle the application.
(2) Applicants should go directly to the trademark registration hall of the Trademark Office to apply.
3. Processing steps
(1) If entrusting a trademark agency to handle the matter, the applicant can voluntarily choose any nationally recognized trademark agency to handle the matter. All trademark agencies registered with the Trademark Office are published in the "Agency" column.
(2) If the applicant goes directly to the trademark registration hall of the Trademark Office, the applicant can follow the following steps:
Inquiry before applying for trademark registration (not a required procedure) → Preparation Application documents → Submit the application documents at the acceptance window of the trademark registration hall → Print the bar code at the coding window → Pay the trademark registration fee at the payment window → The Trademark Office issues an "Acceptance Notice" in about three months → Supplementary corrections to the trademark registration application (optional procedure)
4. Inquiries before application (optional procedure)
Currently, it takes about 2 years for a trademark to be approved for registration. If the trademark registration application is rejected, on the one hand, the trademark registration fee will be lost, and on the other hand, it will take about 2 years to re-apply for a registered trademark, and it is still unknown whether the re-application will be approved for registration. Therefore, before applying for a registered trademark, it is best for applicants to conduct a trademark search to understand the status of prior rights, and then make a judgment based on the search results before submitting the application.
5. Preparation of application documents for trademark registration
(1) If applying for trademark registration in the name of a legal person or other organization, the following application documents should be submitted:
1. Trademark registration application form stamped with the official seal of the applicant.
2. 6 trademark drawings (one attached to the back of the application form and 5 submitted). The drawings are required to be clear and the length and width should be no less than 5 cm and no more than 10 cm. If you specify a color, attach 1 coloring pattern, 5 coloring patterns, and 1 black-and-white pattern.
3. If you go directly to the trademark registration hall, submit a copy of the applicant's business license and present the original copy of the business license; if you cannot produce the original copy of the business license, the applicant's copy of the business license must be added Stamp the applicant's seal. If a trademark agency is entrusted to handle the matter, a copy of the applicant's business license must be submitted.
4. If you go directly to the trademark registration hall to handle the matter, submit a copy of the person’s ID card; if you entrust a trademark agency to handle the matter, submit a trademark agency power of attorney.
5. If the trademark applied for registration is a portrait of a person, a notarized statement from the portrait owner agreeing to register the portrait as a trademark should be attached.
(2) If a natural person applies for trademark registration, the following application documents should be submitted:
1. Trademark registration application signed by the applicant.
2. 6 trademark drawings (one attached to the back of the application form and 5 submitted). The drawings are required to be clear and the length and width should be no less than 5 cm and no more than 10 cm. If you specify a color, attach one coloring pattern, submit 5 coloring patterns, and attach 1 black-and-white pattern.
3. If you go directly to the trademark registration hall, submit a copy of the applicant's ID card or passport. The person in charge will present the original ID card or passport and submit a copy; entrust a trademark agency to handle it. , submit a trademark agency power of attorney and a copy of the applicant’s ID card.
4. When natural persons apply for trademark registration, they should pay attention to the following matters:
(1) Individual industrial and commercial households can use the trade name registered in their "Individual Industrial and Commercial Household Business License" as the applicant's name To apply for trademark registration, you can also apply for trademark registration in the name of the person in charge registered on the license. When applying in the name of the person in charge, copies of the following materials should be submitted:
① ID card of the person in charge;
② Business license.
(2) An individual partnership may file a trademark registration application in the name of the applicant using the trade name registered in its "Business License" or in the registration documents of the relevant competent authority, or in the name of all partners** *Same as filing application for trademark registration. When applying in the name of all partners ***, copies of the following materials should be submitted:
① Partner’s ID card;
② Business license;
(3) Rural contract operators can apply for trademark registration in the name of the person who signed the contract. When applying, they should submit copies of the following materials:
① ID card of the person signing the contract;
②Contract.
(4) Other natural persons who are legally permitted to engage in business activities may apply for trademark registration in the name of the operator listed in the registration document issued by the relevant administrative authority. Copies of the following materials should be submitted when applying. Documents:
① ID card of the operator;
② Registration document issued by the relevant administrative authority.
(5) The scope of goods and services for which a natural person applies for trademark registration shall be limited to the business scope approved by the business license or relevant registration documents, or to the agricultural and sideline products produced by the natural person.
(6) For trademark registration applications that do not comply with the provisions of Article 4 of the Trademark Law, the Trademark Office will not accept the application and notify the applicant in writing.
If the applicant provides false materials to obtain trademark registration, the Trademark Office will revoke the registered trademark.
5. If the trademark applied for registration is a portrait of a person, a notarized statement from the portrait owner agreeing to register the portrait as a trademark should be attached.
(3) Specific requirements for filling in a trademark registration application
1. According to Article 15 of the "Regulations for the Implementation of the Trademark Law", trademark registration applications and other relevant documents must be typed or print. The Trademark Office will not accept handwritten trademark applications;
2. The name and address of the trademark registration applicant should be filled in according to the "Business License". If the address in the "Business License" does not contain If the name of the province, city, or county where the enterprise is located, the applicant must add the name of the province, city, or county before its address.
The official seal of the applicant should be exactly the same as the name of the enterprise registered on the "Business License";
3. The goods or services should be classified in accordance with the "Classification Table of Goods and Services" or "Classification Table of Similar Goods and Services" Fill in the standard name. One application can only fill in one category of goods or services. If the product name or service item is not included in the classification list, a description of the product or service item should be attached.
4. If the applicant is a natural person, in addition to filling in the name, the applicant must also fill in the ID number after the name; the applicant's address can fill in the actual address or mailing address of the natural person.
5. If the trademark applied for registration is not a three-dimensional trademark or a color combination trademark, the applicant should check "√" in the box before "General" in the trademark type column.
6. Please check the application form carefully before submitting it. No changes are allowed after submission. If you fill in the wrong form, you must submit an "Application Form for Correction of Trademark Application/Registration Matters" (Form 7) and pay a fee of 500 yuan. The applicant, goods or services, and trademark drawings cannot be changed.
6. Payment of trademark registration fees
Within 10 product names or service items in a category, the trademark registration application fee is 1,000 yuan for each application, more than 10 ( (excluding 10 items), each additional item will be charged an additional RMB 100.
If the applicant entrusts a trademark agency to handle the application, the applicant shall pay the trademark registration fees and agency fees to the trademark agency. The trademark registration fees collected by the Trademark Office will be deducted from the advance payment of the trademark agency.
7. Procedure for trademark registration application correction (not required)
(1) Brief description
1. Go directly to the trademark registration hall to apply for trademark registration 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 notify the applicant in writing to make supplements and corrections. The applicant should make corrections according to the specified content and return it to the Trademark Office within 30 days from the date of receipt of the notification. If no correction is made within the time limit, the application will be deemed to have been abandoned.
2. If a trademark agency is entrusted to handle the trademark registration application, if the application procedures are basically complete or the application documents basically meet the regulations, but if supplements and corrections are needed, the Trademark Office will notify the trademark agency in writing to make supplements and corrections. The trademark agency should make corrections according to the specified content and return it to the Trademark Office within 30 days from the date of receipt of the notice. If no correction is made within the time limit, the application will be deemed to have been abandoned.
(2) Notes
1. When the applicant makes corrections to non-standard or unspecific goods or services as required, it can amend or delete them. When making amendments, the standard name should still be filled in according to the "Classification Table of Similar Goods and Services", but the scope of goods or services must not be expanded.
2. For corrections sent back because the trademark image is unclear or the trademark description should be filled in, the applicant should make corrections according to the requirements of the Trademark Office and shall not make any substantive modifications to the trademark image, otherwise it will be deemed invalid. .
3. After the applicant makes modifications according to the supplementary and correction requirements, the applicant’s official seal should be stamped in the corresponding blank space. If the applicant is a natural person, he or she must sign. If the trademark registration application is entrusted to a trademark agency, the official seal of the trademark agency should be affixed.
8. Procedure for partial rejection of trademark registration application (not required)
(1) Brief explanation
Article 20 of the "Trademark Law Implementation Regulations" One provision: The Trademark Office will preliminarily review and make an announcement if the trademark registration application accepted by the Trademark Office meets the requirements for use of the trademark on some designated goods; if the registration application for use of the trademark on some designated goods does not meet the requirements , the application for registration of a trademark for use on some designated goods shall be rejected, and the applicant shall be notified in writing and the reasons shall be stated.
If the Trademark Office preliminarily approves an application for registration of use of a trademark on some designated goods, the applicant may apply to give up the application for registration of use of the trademark on some designated goods before the expiration of the objection period; apply to give up the application for use of the trademark on some designated goods; For registration applications using trademarks, the Trademark Office will withdraw the original preliminary review, terminate the review process, and make a new announcement. Therefore, this procedure is not a necessary procedure for trademark substantive examination.
(2) Processing
The "Notice of Partial Refusal of Trademark Registration" will be printed by the Trademark Office with a unified number and sent directly to the applicant by registered letter. If it is handled through a trademark agency, it will be sent to the trademark agency (except for self-pickup).
If the "Notice of Partial Refusal of Trademark Registration" fails to reach the applicant or trademark agency for any reason and is returned by the post office, the Trademark Office will publish the "Notice of Partial Refusal of Trademark Registration" in the "Trademark Announcement" 》The announcement shall be deemed to have been delivered within 20 days from the date of announcement. If you come to the Trademark Office to handle relevant procedures within 15 days from the date of service, the legal process will be allowed to resume, otherwise it will be deemed to have given up your rights.
9. Notes
1. When filling out the trademark registration application form, the applicant should fill in the address according to the business license. After the application is submitted, if matters such as corrections, rejection or partial rejection, preliminary approval announcement, or receipt of the "Trademark Registration Certificate" occur, the Trademark Office will send it to the applicant by registered mail based on this address. If the applicant's actual address does not match the address on the business license, the applicant should first change the address on the business license before submitting the application. If the address changes after submitting a trademark registration application, the address change application can be handled with the changed business license and corresponding procedures. If the applicant's address is not accessible by post, it is best to entrust a trademark agency to handle trademark registration applications and other matters.
2. After the Trademark Office receives the application and, after formal review, determines that the procedures are complete and the filling is standardized, it will generally send the "Notification of Acceptance" to the applicant by registered mail in about three months. If the trademark registration application is entrusted to a trademark agency, the Trademark Office will mail the "Notice of Acceptance" to the trademark agency. The "Notification of Acceptance" only indicates that the trademark registration application has been accepted by the Trademark Office, but does not indicate that the application has been approved.
3. If the trademark registration application is rejected, if the applicant is not satisfied with the rejection decision, the applicant may apply for review to the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce within 15 days from the date of receipt of the rejection notice.
4. If an objection is raised against the trademark applied for registration, if the applicant is dissatisfied with the objection ruling of the Trademark Office, he or she may file a complaint with the Trademark Review and Adjudication Board of the State Administration for Industry and Commerce within 15 days from the date of receipt of the objection ruling. Apply for review.
5. As long as there are no application corrections or objections, it will take about 2 years from application to receiving the "Trademark Registration Certificate" for a trademark. After the trademark is approved for registration, if the trademark registration application is processed directly at the trademark registration hall, the Trademark Office will send a "Notice of Obtaining a Trademark Registration Certificate" according to the applicant's name and applicant's address filled in the trademark registration application; if it is For trademark registration applications entrusted to a trademark agency, the Trademark Office will mail the "Notice of Obtaining a Trademark Registration Certificate" to the trademark agency.
6. After the application is submitted but before the registration is approved, the trademark remains an unregistered trademark and must still be used as an unregistered trademark. If the use of the trademark infringes upon the exclusive rights of others to use the trademark, it will not affect the investigation and punishment of the behavior by the relevant industrial and commercial administrative authorities.
7. If the applicant needs to conduct trademark inquiry, he can go to the inquiry window of the trademark registration hall before applying, or he can log in to the "China Trademark Network" for inquiry. The prior rights information provided in the inquiry is for reference only, and the acceptance window of the trademark registration hall is not responsible for interpretation.
8. The validity period of a registered trademark is 10 years, calculated from the date of approval of registration. If the registered trademark expires and needs to be continued to be used, the registrant should apply for renewal of registration within 6 months before expiration. If the registrant fails to submit an application for renewal during this period, it may do so within the six-month extension period after expiration, but must pay a renewal registration delay fee.
If a renewal application is not submitted after the extension period expires, the Trademark Office will cancel the registered trademark. If the original registrant wants to continue to have the exclusive rights to the trademark, he must resubmit a registration application.
9. Things to note when natural persons apply for trademark registration
In accordance with the provisions of Article 4 of the Trademark Law of the People’s Republic of China, those engaged in production, manufacturing, processing, selection, If a natural person who distributes goods or provides services needs to obtain the exclusive right to use a trademark, he or she must apply for trademark registration with the Trademark Office. When applying for trademark registration and transfer in the name of a natural person, in addition to submitting the "Trademark Registration Application", trademark drawings and other materials in accordance with relevant regulations, you should also pay attention to the following matters:
(1) Individual industrial and commercial households can A trademark registration application can be filed in the name of the applicant using the trade name registered in his "Individual Industrial and Commercial Household Business License", or in the name of the person in charge registered on the license. When applying in the name of the person in charge, copies of the following materials should be submitted:
① ID card of the person in charge;
② Business license.
(2) An individual partnership may file a trademark registration application in the name of the applicant using the trade name registered in its "Business License" or in the registration documents of the relevant competent authority, or in the name of all partners** *Same as filing application for trademark registration. When applying in the name of all partners ***, copies of the following materials should be submitted:
① ID card of the person in charge;
② Business license;
③Partnership agreement.
(3) Rural contract operators can apply for trademark registration in the name of the person who signed the contract. Copies of the following materials should be submitted when applying:
① ID card of the person signing the contract ;
②Contract.
(4) Other natural persons who are legally permitted to engage in business activities may apply for trademark registration in the name of the operator listed in the registration document issued by the relevant administrative authority. Copies of the following materials should be submitted when applying. Documents:
① ID card of the operator;
② Registration document issued by the relevant administrative authority.
(5) The scope of goods and services for which a natural person applies for trademark registration shall be limited to the business scope approved by the business license or relevant registration documents, or to the agricultural and sideline products produced by the natural person.
(6) For trademark registration applications that do not comply with the provisions of Article 4 of the Trademark Law, the Trademark Office will not accept the application and notify the applicant in writing.
If the applicant provides false materials to obtain trademark registration, the Trademark Office will revoke the registered trademark.
(7) When applying for trademark transfer, if the transferee is a natural person, the above matters should be followed.
10. Special Statement
(1) The above content is not an official document issued by the State Administration for Industry and Commerce or the Trademark Office of the State Administration for Industry and Commerce. Therefore, all content is instructive. , without any legal binding force.
(2) The above content was revised in February 2007. If there are changes in the future, or if there is any inconsistency with the requirements of the receptionist at the trademark registration hall during the processing, the requirements of the receptionist should prevail.
Before registration, you can conduct a free search on the Trademark Office website to avoid being rejected by the Trademark Office. /trade/SelectReg/SelectReg.jsp