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2016 Agricultural Products Company Application for Trademark Registration Process

How to apply for a registered trademark in 2016? What should an agricultural product company do when applying for a registered trademark? The editor has brought you relevant knowledge about "trademark registration", which may be what you need.

How much does it cost to register a trademark (for reference only)

Registration fees are charged according to category and number, and the fee for each trademark in each category is:

1900 yuan (ten The validity period is 10 years, including ten years of fees. For domestic companies or individuals, the state fee is 1,000, and the agency fee is 900. National fee is 1,000, agency fee is 2,000)

How long does it take for trademark announcement?

Trademark registration is a trademark legal procedure. The trademark registration applicant submits an application, and after review by the Trademark Office, a preliminary review and announcement will be made. If no one raises an objection within three months or the objection is ruled to be invalid, the trademark will be registered and effective, protected by law, and the trademark registrant will enjoy the trademark. exclusive rights. It takes about one to one and a half years from application to approval of registration for a trademark. Validity Period of a Registered Trademark A registered trademark is valid for ten years, starting from the date of approval of registration. If the registered trademark expires and you need to continue to use it, you can apply for trademark renewal registration.

How is a trademark approved and how is it announced?

Trademark approval refers to the decision to allow registration of a trademark registration application that complies with the relevant provisions of the Trademark Law after review. 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 and a registration announcement will be published at the same time.

Trademark registration process

Trademark registration process 1. Formal review

After formal review, the application procedures are complete and the application documents are filled in in accordance with regulations, the Trademark Office will issue Send a notice of acceptance.

If the application procedures are incomplete or the application documents are not filled in as required, a notice of rejection will be issued and returned, and the application date will not be retained.

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 issue a notice of supplements and corrections to the trademark registration application. If the applicant makes corrections within the time limit and returns it to the Trademark Office, the application date will be retained; if the applicant fails to make corrections or makes corrections beyond the time limit, the Trademark Office will issue a notice of rejection and return it, and the application date will not be retained.

Trademark registration process 2. Substantive examination

After passing the formal examination, the trademark application enters the substantive examination. After substantive examination, any trademark application that complies with the relevant provisions of the Trademark Law will be initially reviewed and approved by the Trademark Office and announced.

If the application is rejected, a rejection notice will be issued to the applicant.

If the Trademark Office believes that the contents of the trademark registration application can be revised, it will issue an examination opinion. If the applicant responds within the time limit, the Trademark Office will continue the examination.

For trademarks that have been preliminarily approved after review, the China Trademark Office will announce them in the "Trademark Announcement".

Within three months from the date of announcement, anyone can object to a trademark initially approved by the China Trademark Office.

If there is no objection or the objection is ruled not to be established, the China Trademark Office will approve the registration, issue a trademark registration certificate, and announce it in the "Trademark Announcement"; if the objection is ruled to be true, the registration will not be approved.

Request for review

If the applicant is dissatisfied with the Trademark Office’s rejection of the trademark registration application during the trademark registration process, he or she may request a review from the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board will make a final decision on whether to grant registration or not, and notify the applicant in writing. If the party concerned is dissatisfied with the Trademark Office's objection ruling, he or she may request a review from the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board will make a final decision and notify the parties in writing.

What is the process of trademark review?

Trademark review is divided into formal review and substantive review.

①Trademark form review (3 to 4 months), it is very important to establish the application date. Since trademark registration in my country adopts the first-to-file principle, once the application date occurs, it becomes the legal basis for determining trademark rights. The application date for trademark registration is determined by the Trademark Office. The date on which the application is received shall prevail. The Trademark Office will issue an acceptance notice to applications that meet the formal requirements. ②Trademark substantive examination (12 months). Trademark substantive examination is the examination, data retrieval, analysis and comparison, investigation and study carried out by the trademark registration authority to determine whether the trademark registration application complies with the provisions of the Trademark Law. A series of activities. During this period, before the trademark is approved for registration, please do not mark the registration mark (such as: "Registered Trademark", etc.) in use. You can mark it as "TM". In addition, before registration is approved, it is not advisable to produce too many goods and packaging bearing the trademark, or trademark logos at one time, to prevent unnecessary losses caused by obstruction of registration.

What conditions should a good trademark have?

A good trademark should at least meet the following five conditions:

1. Obvious marking. The trademark should be simple and distinctive, and should be significantly different from other people's registered trademarks so that people can understand it at a glance and never forget it. Do not deliberately imitate or allude to the names or graphics of others, especially well-known trademarks, and try to avoid choosing flowers, birds, fish, insects, pavilions, famous mountains and rivers that people have long used in "botanical gardens", "zoos" or "building complexes". etc., and which ones with stronger narratives have actual meaning? Weak trademarks?.

2. Wide adaptability. The name or graphic of a trademark must adapt to the trademark laws of various countries, consumer psychology, languages, customs, and religious beliefs of various ethnic groups; it must also adapt to various occasions (such as packaging and decoration, various advertising media, amplification, Used in reduction, hollow, three-dimensional), etc. If a trademark is acceptable when used normally, but when it is used in a smaller size for some reason, due to the imbalance in the size of the trademark pattern, the original small characters are reduced to a blurry thin line that is unrecognizable. This kind of trademark cannot be called a trademark. For a good trademark.

3. Ingenious symbolism. Trademarks cannot directly express the quality, main raw materials, functions, uses and other characteristics of the goods, nor can they be exaggerated or deceptive. However, trademarks cannot be far away from the fundamental attributes of the goods. Therefore, a good brand name should be rich in profound connotations and meanings, and be cleverly symbolic, such as "Hui Alai" brand sneakers, "Bailing" brand electronic keyboard, "Mitsubishi" brand automobiles, etc.

4. High degree of artistry. The shape of the trademark must be beautiful, novel and attractive, and have a unique artistic style, so that consumers can enjoy artistic beauty and make the goods marked with the trademark a good target for purchase.

5. Convenience of publicity. As the saying goes: "Good wine also depends on shouting". Therefore, in addition to the above requirements, a good trademark should also be easy to call, easy to write, and easy to combine with clever language as the main sentence of advertising for advertising, such as "Golden Eagle" Tub, Tub Elite?, etc. It can be seen from this that wild cursive Chinese characters are not convenient for writing and memorization, and separate graphics are not convenient for calling and advertising, so they are not suitable for use as a trademark alone.

Trademark registration agricultural product trademark registration