What are the rules for the process and time of trademark registration of e-commerce companies? 1. Before applying for trademark registration, you can entrust our company or design it yourself. Trademark design should pay attention to the following points: (1) originality, that is, trademark design should be innovative; On the one hand, it is necessary to meet the requirements of distinctiveness, on the other hand, creative trademarks are easy to expand the popularity of goods and quickly occupy the market. (2) The name of a trademark should avoid being associated with the function of the commodity. (3) The design of trademarks should highlight the theme and make a reasonable layout.
2. Trademark inquiry usually refers to the inquiry of trademark information conducted by the trademark registration applicant in order to know whether there is a prior trademark right that may conflict with the trademark applied for registration. It takes a long time for a trademark to apply for registration. If the application for trademark registration is rejected, on the one hand, the trademark registration fee will be lost, on the other hand, it will take longer to reapply for registered trademarks, and it is still unknown whether the reapplication can be approved for registration. Therefore, before applying for a registered trademark, the applicant had better make a trademark inquiry to understand the prior rights. There are two kinds of query services: one is internal query service; The other is 7- 14 working days for government inquiry service.
3. The application documents for trademark registration shall be submitted to the Intellectual Property Department of Hong Kong.
4. After receiving the application materials for trademark registration, the Intellectual Property Department of Hong Kong will give an application number and issue an acceptance notice, which will take about one week.
5. Trademark review is divided into two processes: formal review and substantive review. Formal examination means that before examining the application, the Trademark Registration Office will carefully examine the application and all its attachments to see whether the required parts in the form have been filled in, whether the relevant information is correct and whether the required information is incomplete. If everything is ready, the application procedure will enter the next stage (substantive examination stage). Substantive examination means that the Trademark Registration Office searches the trademark records after checking the shortcomings of the application and making sure that all the information is complete, so as to determine whether other businesses have registered or applied for the registration of the same or similar trademarks for the same or similar goods or services. At the same time, the Trademark Registry will check whether the relevant trademarks meet the registration requirements of the Trade Marks Ordinance. If approved, the application procedure will enter the next stage (gazetting and announcement stage).
6. After the application for announcement is approved by the Trademark Registry, it will be announced in the Hong Kong Intellectual Property Bulletin for a period of three months. If no one raises an objection, the trademark can be successfully registered.
7. If there is no objection to the announcement of the registered trademark or the objection is not established after the ruling, the registration is successful. In general, it takes about 6 months to obtain the registration certificate. After successful registration, the validity period is 10 year, and the fee can be renewed on time in the first half of the expiration.
The information required for a registered trademark of an e-commerce company is 1. To apply for registration in the name of an enterprise, a copy of the business license shall be provided, and the official seal shall be affixed to the copy of the business license;
2. To apply for registration in the name of an individual, provide a copy of 1 personal ID card and a copy of the business license of individual industrial and commercial households, which shall be stamped with the official seal;
3. Provide trademark words or patterns, and if color protection is needed, color patterns are also needed;
4. The goods/services to be registered can be filled in according to the goods or services operated by the applicant, with reference to the ninth edition of the International Classification of Goods and Services for Trademark Registration (Nice Classification) and the similar classification of goods and services revised by the Trademark Office according to the above international classification;
5. Provide a power of attorney for trademark agency with official seal or signature, which can be downloaded from this website; In particular, the address in the trademark power of attorney should be exactly the same as the registered address in the business license.
What are the requirements for registered trademarks of e-commerce companies? (1) A trademark shall have distinctive features, be easy to identify, and not conflict with the legal rights previously obtained by others.
(2) Anyone who only uses the common name, figure and model of the commodity, or directly expresses the characteristics of the commodity such as quality, main raw materials, function, use, weight and quantity, shall not be registered as a trademark, but those who have obtained remarkable characteristics and are easy to identify after use may be registered as a trademark.
(3) The names of administrative divisions at or above the county level or foreign names known to the public shall not be used as trademarks. However, unless the place name has other meaning or is part of a collective trademark or certification trademark; Registered trademarks using geographical names shall remain valid.
The advantage of e-commerce company trademark registration is 1, which is convenient for consumers to identify brands and shop.
2. The trademark registrant enjoys the exclusive right to use the trademark and is protected by law.
3. Through trademark registration, you can create a brand and seize the market.
4. Trademarks are intangible assets, and their value can be assessed.
5. Trademarks can be transferred, licensed to others or pledged to realize their value.
6. Trademark is also a necessary condition for quality inspection, health inspection and bar code.
7. Local industrial and commercial bureaus at all levels supervise the quality of goods and services through the management of trademarks.
According to the relevant provisions of China's Trademark Law and its implementing regulations, registered trademarks can be divided into application for revocation and ex officio revocation. The main situations are as follows:
(1) A registered trademark shall be revoked by the Trademark Office under any of the following circumstances, and other units and individuals may request the Trademark Review and Adjudication Board to make a ruling on the cancellation of the registered trademark:
1, use the sign that may not be used and registered as a trademark;
2. Obtaining registration by deception or other improper means.
(2) Where a registered trademark is under any of the following circumstances, within five years from the date of registration of the trademark, the trademark owner or interested party may request the Trademark Review and Adjudication Board to make a ruling to cancel the registered trademark. For malicious registration, the owner of a well-known trademark is not limited by five years:
1. Plagiarism, imitation or translation of other people's well-known trademarks that are not registered in China are likely to cause confusion.
2. Plagiarism, imitation or translation of a well-known trademark registered by others in China mislead the public and may harm the interests of the registrant of the well-known trademark;
3. Without authorization, the agent or representative registers the trademark of the principal or the principal in his own name, and the principal or the principal raises an objection;
4. There are geographical indications of commodities in trademarks, and the commodities are not from the areas marked by the marks, misleading the public. However, except those registered in good faith;
5. Applying for trademark registration damages others' prior rights, or preemptively registers trademarks that others have used and have certain influence by unfair means.
In both cases (1) and (2), the exclusive right to use a registered trademark that has been revoked according to law shall be regarded as nonexistent from the beginning. The decision or ruling on the cancellation of a registered trademark has no retrospective effect on the judgment or ruling on trademark infringement cases made and executed by the people's court before the cancellation, the decision on the handling of trademark infringement cases made and executed by the administrative department for industry and commerce, and the trademark transfer or use license contract that has been performed; However, if a trademark registrant maliciously causes losses to others, it shall make compensation.
(three) the use of a registered trademark has one of the following acts, and the administrative department for Industry and Commerce shall order the trademark registrant to make corrections within a time limit; Those who refuse to make corrections shall report to the Trademark Office to revoke their registered trademarks:
1, change the registered trademark by itself;
2. Changing the name, address or other registered items of the registered trademark registrant;
3. Transferring a registered trademark by itself;
(4) Where a registered trademark has ceased to be used for three consecutive years, anyone may apply to the Trademark Office for cancellation of the registered trademark and explain the relevant situation.
In the cases of Item (3) and Item (4), the Trademark Office shall notify the trademark registrant to submit evidence of the trademark's use before filing an application for revocation or explain the legitimate reasons for not using it within two months from the date of receiving the notice; The Trademark Office shall revoke its registered trademark if it fails to provide evidence for the use of the materials or proves that the materials are invalid without justifiable reasons. The evidential materials used include the evidential materials that the trademark registrant uses the registered trademark and the evidential materials that the trademark registrant permits others to use the registered trademark.
(5) Where a registered trademark is used, its goods are shoddy and deceive consumers, the Trademark Office may revoke its registered trademark according to the specific circumstances.
In the case of items (3), (4) and (5), the registered trademark that has been revoked shall be announced by the Trademark Office; The exclusive right to use the registered trademark shall be terminated as of the date when the Trademark Office revokes the decision.
E-commerce companies handle trademark registration.
Company trademark trademark registration