Trademark is a significant symbol of words, graphics, letters, numbers, three-dimensional signs, sounds, colors or the combination of the above elements used by commodity producers and operators in their production, manufacturing, processing, selection and distribution of commodities or services provided by service providers, and it is a product of modern economy. In the commercial field, trademarks, including words, graphics, letters, numbers, three-dimensional signs and color combinations, as well as the combination of the above elements, can be applied for registration as trademarks. A trademark approved for registration by the state is a "registered trademark" and is protected by law. Trademarks protect trademark registrants by ensuring that they have the exclusive right to mark goods or services or license others to use them for compensation.
Trademark registration application procedure
1, registration preparation
Select the registration method
One way of registration is to apply for registration in the Trademark Office of the State Administration for Industry and Commerce; Another way of registration is to entrust an experienced trademark agency to organize agency services.
Step 2 prepare materials
Prepare 5 pieces of trademark patterns (5 pieces of colored trademarks with specified colors, black and white ink 1 piece), with the length and width not exceeding 10 cm and not less than 5 cm. If the direction of the trademark pattern is unclear, the upper and lower parts are indicated by arrows; If an individual applies, he/she needs to show his/her ID card and submit a copy, plus a copy of his/her business license. The business scope is consistent with the registered trademark; If an enterprise applies, it shall present and submit a copy of its business license; An application for trademark registration stamped with the official seal of the unit.
Step 3 start applying
4. Apply according to the classification of goods and services.
Goods and services are divided into 45 categories, including 34 categories of goods and 1 1 category of services. When applying for registration, the category of goods or services using trademarks shall be determined according to the classification in the Classification Table of Goods and Services; Where the same applicant uses the same trademark on different categories of goods, it shall apply for registration according to different categories.
5. Determination of application date
This is the most important point: because China adopts the principle of applying first in trademark registration, once you have a trademark dispute with other enterprises, the enterprise with the earlier application date will be protected by law. Therefore, it is very important to establish the application date, which is based on the date when the Trademark Office receives the application.
Then there are three procedures: trademark examination, preliminary examination announcement and registration announcement. It should be emphasized that a trademark that has passed the preliminary examination of the Trademark Office can not be registered until three months after the announcement, and the trademark is protected by law. The period of validity of a registered trademark is ten years, counting from the date of approval of registration. If it is necessary to continue to use the trademark after the expiration of the validity period, it may apply for the renewal of the trademark registration.
6. Obtain a trademark registration certificate
After a trademark is registered, the Trademark Office issues a certificate to the registrant.
If it is organized by an agent, the agent will send the trademark registration certificate to the registrant; For direct registration, the registrant shall obtain the trademark certificate from the Trademark Office within three months after receiving the Notice of Obtaining the Trademark Registration Certificate. At the same time, he shall also bring with him a letter of introduction for obtaining the trademark registration certificate, the witness's ID card and its photocopy, the original business license and the photocopy stamped by the local industrial and commercial department, the notice of obtaining the Trademark Registration Certificate, and the certificate of change issued by the industrial and commercial department if the name of the trademark registrant changes.
Note: It usually takes about one year to three and a half years from the application to the issuance of a new trademark, in which the acceptance and formal examination of the application takes about one month, the substantive examination takes about 24 to 30 months, the objection period is three months, and the approval announcement takes about two months to the issuance of the trademark.
7. Description of application for trademark registration
Where a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for goods or services produced, manufactured, processed, selected or distributed, it shall file an application for trademark registration with the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) according to law. In a narrow sense, the application for trademark registration only refers to the application for trademark registration of goods and services, the application for international trademark registration, the application for certification trademark registration, the application for collective trademark registration and the application for special symbol registration. The application for trademark registration in a broad sense includes not only the contents of the application for trademark registration in a narrow sense, but also the application for alteration, renewal, transfer registration, objection application, filing application for trademark license contract and other trademark registration matters.