Legal subjectivity:
Generally speaking, the core categories for food trademark registration are Category 29 and Category 30. In addition, Category 5, Category 31, Category 32 and Category 33 also need to be considered. Important categories of registered food trademarks. , (1) Food trademark category 29: mainly includes animal food, vegetables for daily use or storage, and other edible horticultural products. Specifically refers to meat, fish, poultry and game; gravies; pickled, frozen, dried and cooked fruits and vegetables; jellies, jams, preserves; eggs; milk and dairy products; edible oils and greases. Food companies must register Class 29 trademarks. , (2) Food trademark category 30: mainly includes plant foods for daily use or storage, and seasonings. Specifically refers to coffee, tea, cocoa and coffee substitutes; rice; edible starch and sago; flour and cereal products; bread, pastries and sweets; ice products; sugar, honey, syrup; fresh yeast, baking powder; salt; mustard ; Vinegar, sauce (condiment); Spices; Drinking ice. , (3) Food trademark category 5: mainly includes drugs and other medical or veterinary preparations. Specifically refers to medicinal and veterinary preparations; medical hygienic preparations; nutritional foods and substances for medical or veterinary use, baby food; dietary supplements for humans and animals; plasters, dressing materials; materials for filling tooth holes, dental wax; Disinfectants; preparations for destroying pests; fungicides, herbicides. , (4) Food trademark category 31: mainly includes unmanufactured field products for daily use, live animals and plants, and animal feed. Specifically refers to cereals and agricultural, horticultural and forestry products not included in other categories; live animals; fresh fruits and vegetables; seeds; vegetation and flowers; animal feed; malt. If it involves this direction, you need to include this category when registering. , (5) Food trademark category 32: mainly includes non-alcoholic beverages and beer. Specifically refers to beer; mineral water, soda and other non-alcoholic beverages; fruit drinks and juices; syrups and other preparations for making beverages. Companies operating this type of beverage or beer must register a Class 32 trademark. , (6) Food trademark category 33: mainly includes alcoholic beverages (except beer). Therefore, alcoholic products must apply for a Class 33 trademark. , Food and catering industry trademark registration steps: , 1. Trademark search to determine the success rate of trademark registration. Before registration, a trademark needs a comprehensive and careful search. Only when it is confirmed that no one has previously registered the same or similar trademark, the application will be updated. Insurance. Trademark agency organizations and trademark agents are trademark legal service organizations and professionals who specialize in trademark agency. Just like finding a lawyer in a lawsuit, we can provide clients with timely and comprehensive legal services. , 2. Prepare the necessary documents for relevant trademark applications and submit the application: For individual applications: a copy of the ID card or passport is required. For corporate applications: a copy of the business license (with official seal) is required to determine the trademark sample. It is recommended Apply in black and white (you can change the color at will during use) and select the goods/services corresponding to the trademark. , 3. Trademark review and approval will be issued within one month, and a trademark acceptance notice will be issued within 12-18 months. , 1. Before registering a trademark, you need to conduct a trademark search to ensure that the trademark you want to register has not been registered. If it has been registered, you can only change your trademark. The registrant can entrust an agency to submit an inquiry application through the official website of the Trademark Office, or to the Tongda Service Center under the Trademark Office, to check whether the trademark applied for this time is the same or similar to a previously applied or registered trademark. . , 2. There are two ways to register a trademark. One way is to apply for registration at the Trademark Office of the State Administration for Industry and Commerce; the other way is to entrust an experienced trademark agency to provide agency services. ,3. Fill out the "Application for Trademark Registration" and submit the application to the National Trademark Office according to the registration method you decide. , 4. After accepting the application, the National Trademark Office will issue a "Trademark Registration Acceptance Notice" to the applicant. If the trademark application fails to be reviewed, the State Trademark Office will issue a "Notice of Trademark Rejection" to the trademark registration applicant and provide detailed reasons for rejection. , 5. If the review is successful, the registered trademark will be officially announced on the China Trademark Online. If there is no objection after the expiration of the 3-month publicity period, the State Trademark Office will issue a "Notice of Obtaining a Trademark Registration Certificate".
, 6. Receive the "Trademark Registration Certificate": If the "Trademark Registration Certificate" is sent to the registrant by the agent through an agency organization; if the registration is done directly, the registrant should wait three days after receiving the "Notification of Collecting the Trademark Registration Certificate" Go to the Trademark Office within the month to obtain the certificate, and you should also bring: a letter of introduction for obtaining the trademark registration certificate, the ID card of the applicant and a copy, a copy of the original business license and a copy with the stamp of the local industrial and commercial department, and a notice for obtaining the trademark registration certificate. If the name of the registered trademark or trademark registrant is changed, a change certificate issued by the industrial and commercial department must be attached. ,7. In terms of fees, when handling trademark registration business, the National Trademark Office charges a fee of 600 yuan. If you entrust an agency to handle the trademark business, in addition to paying the fee, you need to pay an agency fee ranging from 800 to 1,000 yuan, depending on the agency company. Depends on professionalism and service level. Legal objectivity:
"Trademark Law of the People's Republic of China"
Article 33
For trademarks that have been initially approved and announced, the Within three months from the date of the violation, the prior right holder or interested party believes that there has been a violation of paragraphs 2 and 3 of Article 13, Article 15, Paragraph 1 of Article 16, Article 30, and Article 16 of this Law. Article 31 and Article 32, or anyone who believes that the provisions of Article 4, Article 10, Article 11, Article 12 or Article 19, paragraph 4 of this Law have been violated may The Trademark Office filed an objection. If there is no objection at the expiration of the announcement period, the registration will be approved, a trademark registration certificate will be issued, and the announcement will be made.
"Trademark Law of the People's Republic of China"
Article 22
Applicants for trademark registration shall fill in and use the prescribed commodity classification table The product category and product name of the trademark shall be submitted for registration.
"Trademark Law of the People's Republic of China"
Article 28
For a trademark applied for registration, the Trademark Office shall If the registration application documents are reviewed within nine months from the date of registration and meet the relevant provisions of this Law, a preliminary review and announcement will be made.