Hangzhou trademark registration process and steps
I. Preparations for registration
(a) the choice of registration method:
The first method: the trademark registration applicant goes to the State Trademark Office (address: No.8 Sanlihe East Road, Xicheng District, Beijing) to register the trademark (
The second way is to entrust an experienced trademark agency organization recognized by the State Trademark Office to provide you with trademark agency services. This will save you a lot of time and energy. Of course, the other party will charge the corresponding agency fee.
(2) Inquiries about the prior registration right of trademarks:
Trademark inquiry refers to the inquiry whether the trademark applied by the applicant for trademark registration or his agent is the same as or similar to the trademark that enjoyed the prior right before applying for registration. It is worth noting that although trademark inquiry is not a necessary procedure for registered trademarks (following the principle of voluntary inquiry), this work can greatly reduce the risk of trademark registration and improve the certainty of trademark registration. In the process of inquiry, due to the influence of data processing and trademark application review period, some previously applied trademarks cannot enter the database, so it is impossible to inquire and retrieve this information. In addition, trademark inquiry and examination are undertaken by different personnel, and inquirers and different examiners may have different opinions on the examination point of view. Therefore, the trademark query results cannot be used as a legal basis and have no legal effect. Therefore, it is very important to find a professional trademark inquiry company or a trademark agency with perfect trademark inquiry conditions before registering a trademark.
(3) Preparation of trademark application materials:
(1) To apply in the name of a natural person, you need to show your ID card, submit a copy of your ID card and the business license of individual industrial and commercial households. To apply for registration with an enterprise as the applicant, a copy of the business license of the enterprise as a legal person and a complete application for trademark registration with the official seal of the unit and personal signature are required.
(2) 10 trademark pattern (for color trademarks with specified colors, 10 color pattern and 1 black and white ink draft shall be submitted). The provided trademark pattern must be clear and easy to stick, and replaced by bright and durable paper or photos, with the length and width not exceeding 10 cm and less than 5 cm. If the direction of the trademark pattern is not clear, it should be indicated by an arrow. When applying for trademarks of cigarettes and cigars, the design can be as big as the actual use.
(3) Prepare the corresponding registration fee; The State Trademark Office instructed the agency to collect agency service fees and trademark fees 1800 yuan.
Second, apply for registration.
1. Only individuals or groups that meet the following conditions can file trademark applications in China:
Applicants for trademark registration must be: enterprises, institutions, social organizations, individual industrialists and businessmen established according to law, foreigners or foreign enterprises from countries that have signed agreements with China or participated in international treaties, or foreign enterprises that are handled according to the principle of reciprocity. They meet the above conditions. When they need to obtain the exclusive right to use a trademark, they should apply to the Trademark Office for trademark registration on a voluntary basis (200 1 165438). On February 1 2007, the State Trademark Office issued a regulation to stop malicious trademark registration: natural persons must provide individual business licenses when applying for trademark registration).
2. According to the classification of goods and services:
At present, China's trademark law implements the international classification of goods, which divides 1 10,000 kinds of goods and services into 45 categories, including 34 categories of goods and1/services. When applying for trademark registration, the category of goods or services using the trademark shall be determined according to the classification of goods and services. If the same applicant uses the same trademark on different kinds of goods, he should apply for registration according to the classification of goods, which can avoid the improper expansion of the application scope of trademark rights, and is also conducive to the examination and approval of examiners and the protection of trademark exclusive rights.
3. Determination of the date of trademark application:
It is very important to determine the application date. As the principle of first application is adopted in trademark registration in China, once the application date occurs, it will become the legal basis for determining the trademark right. The date of application for trademark registration shall be the date when the Trademark Office receives the application documents (the minimum unit of date is "day").
Third, trademark review.
Trademark examination is a series of activities such as examination, data retrieval, analysis and comparison, investigation and research conducted by the trademark registration authority to determine whether the application for trademark registration conforms to the provisions of the Trademark Law and decide to give preliminary approval or reject the application.
Fourth, preliminary announcement.
Trademark examination and approval refers to the decision to approve the registration of a trademark that meets the relevant provisions of the Trademark Law after examination. And make an announcement in the trademark announcement. If no objection is raised within three months from the date of the announcement of preliminary examination and approval, the trademark shall be registered and a registration announcement shall be issued at the same time.
Verb (abbreviation of verb) registration announcement
Trademark registration is a trademark legal procedure. The application for trademark registration filed by the applicant shall be preliminarily examined and approved by the Trademark Office. If no objection is raised within three months or the objection is ruled invalid, the trademark will take effect and be protected by law, and the trademark registrant will enjoy the exclusive right to use the trademark. Trademark registration takes about one year to one and a half years. The period of validity of a registered trademark is ten years, counting from the date of approval of registration. Where a registered trademark needs to be used again after its expiration, it may apply for renewal of registration.
VI. Obtaining a trademark registration certificate
Through the agency, the agency sends the trademark registration certificate to the trademark registrant.
Where a trademark is directly registered, the trademark registrant shall collect it from the Trademark Office within three months after receiving the Notice of Obtaining a Trademark Registration Certificate, and shall also bring:
(1) Letter of introduction for obtaining the trademark registration certificate;
(2) The ID card and photocopy of the witness;
(3) The original business license shall be stamped with the seal of the local industrial and commercial department;
(4) Notice of obtaining the trademark registration certificate;
(5) Where the name of a trademark registrant changes, a certificate of change issued by the working department shall be attached.
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