A company wants to apply for a registered trademark. What should it do now to register a trademark? What registration materials are needed? The editor has compiled the company's application for trademark registration process to share with everyone, for reference only!
Materials required for trademark registration
If you apply for trademark registration, you must submit a "Trademark Registration Application" and other documents to the Trademark Office. The specific requirements are:
(1) The applicant must submit one "Application for Trademark Registration" in accordance with the principle of one application for one trademark for one category of goods. That is to say, the goods or services reported in an application can only be limited to one category in the "International Classification of Goods and Services for Trademark Registration". If you entrust a trademark agency to handle the matter on your behalf, you should also submit a "Trademark Agency Power of Attorney".
(2) The "Application for Trademark Registration" should be filled out neatly, and the applicant's name and address should be accurate.
(3) Each application should be accompanied by 10 trademark drawings (color trademarks of designated colors, 10 colored drawings, and 1 black and white ink draft).
(4) Present a copy of the enterprise's business license or provide a copy of the business license signed and sealed by the issuing authority. If you apply for a registered trademark in the name of a natural person, you should provide the corresponding identity document.
(5) Application documents should be in Chinese, and foreign language documents should be accompanied by Chinese translations.
(6) If applying for registration using a portrait as a trademark, the applicant must provide a letter of authorization from the portrait owner and it must be notarized by a notary public.
(7) If a foreign applicant claims priority, he must fill in the initial filing country, initial filing date and application number on the application form, and must submit priority certification documents to the Trademark Office within 3 months. If the supporting documents are not submitted within the time limit, it will be deemed that priority has not been claimed.
(8) When applying for registration of collective trademarks or certification trademarks, corresponding articles of association and subject qualification certificates are also required.
Conditions and requirements for trademark application and registration
(1) The trademark application documents must be complete: the trademark registration application must be stamped with the applicant’s seal, and if an agent is entrusted, a trademark agency entrustment must be provided The letter must be stamped with the agent's stamp; if applying directly, you must also provide: a copy of the applicant's business license or a copy of the business license stamped by the local industrial and commercial administration department, a letter of introduction from the applicant, and a copy of the ID card of the person in charge. pieces.
(2) The application form must be filled out in a standardized manner. If changes are required, a stamp or signature must be added;
(3) The trademark image must be clear and easy to paste;
(4) When applying for trademark registration for medicines, cigarettes or newspapers and magazines, provide certification documents from relevant departments;
(5) If applying for registration using a portrait as a trademark, the owner of the portrait rights must The authorization letter must be notarized by a notary public;
(6) When applying for collective trademarks and certification trademarks, it is also necessary to provide trademark use management rules that prove the applicant's subject qualifications.
What is the trademark registration procedure?
(1) Application agent
Domestic applicants for trademark registration can directly go to the Trademark Office to apply for registration by themselves, or You can entrust a trademark agency to handle it. When foreigners or foreign enterprises apply for registered trademarks and handle other trademark matters in my country, they should entrust a legally established trademark agency organization to act as their agent.
When a party entrusts a trademark agency organization to apply for trademark registration or handle other trademark matters, the party shall submit a power of attorney. The power of attorney shall state the content and authority of the agency; the power of attorney for foreigners or foreign enterprises shall also state the nationality of the principal.
(2) Registration application
When applying for trademark registration for the first time, the applicant shall submit an application form, trademark drawings, supporting documents and pay the application fee. The applicant for drug trademark registration shall be accompanied by a copy of the drug production enterprise license or drug trading enterprise license issued by the health administrative department. If applying for trademark registration of tobacco products, the applicant shall be accompanied by certification documents of production approval by the national tobacco authority.
During the use of a registered trademark, if the scope of use needs to be expanded, a separate application for registration must be submitted, regardless of whether the goods for expanded use are of the same category as the goods for which the original registered trademark is used; if the registered trademark needs to change its logo, a new registration application must be submitted ; If a registered trademark needs to change the name, address or other registration matters of the registrant, a change application should be submitted. Under the first-to-file principle, the determination of the filing date is of great significance. The application date is generally based on the date when the Trademark Office receives the application documents. If the applicant enjoys priority, the priority date shall be the filing date. The Trademark Law stipulates two situations in which priority can be enjoyed: First, the trademark registration applicant files another application for the same trademark in China for the same goods within 6 months from the date when the trademark registration application is first filed in a foreign country. If a trademark registration application is made, the foreign country may enjoy priority in accordance with the agreement signed by the foreign country with China or the international treaty to which China has acceded, or in accordance with the principle of mutual recognition of priority; secondly, the trademark shall be registered in any international forum sponsored or recognized by the Chinese government. If the trademark is used for the first time on a product exhibited at an exhibition, the applicant for registration of the trademark can enjoy priority within 6 months from the date the product is exhibited.
(3) Review and Approval
The Trademark Office will review the trademark registration applications accepted in accordance with the law, and the registration applications that comply with the regulations or that use the trademark on some designated goods comply with the regulations. If the registration application does not comply with the regulations or the registration application for use of the trademark on some designated goods does not comply with the regulations, the registration application for use of the trademark on some designated goods shall be rejected or the application for use of the trademark on some designated goods shall be rejected, and the applicant shall be notified in writing and Give reasons. If a trademark registration applicant is dissatisfied with the rejection of the application, he may apply to the Trademark Review and Adjudication Board for review in accordance with the law. If he is dissatisfied with the review decision, he may file an administrative lawsuit within 30 days from the date of receipt of the notice.
Anyone can file an objection to a preliminary approved trademark within 3 months from the date of announcement. The Trademark Office will rule on the objection filed in accordance with the law. If the party concerned is dissatisfied with the ruling, it can initiate a review in accordance with the law. If the party is dissatisfied with the review ruling, it can initiate a lawsuit in accordance with the law.
If the parties concerned have no objections to the expiration of the announcement period, the registration will be approved, a trademark registration certificate will be issued, and the announcement will be made. If it is determined that the objection cannot be established and the registration is approved, the time for the trademark registration applicant to obtain the exclusive right to trademark shall be calculated from the expiration of the three-month period of the preliminary announcement. A trademark registered upon approval of opposition will not have retroactive effect against others using signs that are identical or similar to the trademark on the same or similar goods from the expiration of the trademark opposition period until the opposition ruling takes effect; however, due to The user shall compensate the trademark registrant for any losses caused by his bad faith.
Notes on trademark registration applications
(1) Once the trademark application passes the formal examination, it will enter the substantive examination process; if it does not meet the formal examination, the Trademark Office will send a letter to the agent or applicant A notice of correction or notification of acceptance will basically be accepted and the application date and application number will be retained. After passing the correction, the application will enter the substantive examination process.
(2) After the trademark application passes the substantive examination, it will enter the preliminary examination and announcement process; if it fails to pass the substantive examination, the Trademark Office will reject the trademark application or require amendment. After the amendment is passed, it will enter the preliminary examination and announcement.
(3) Within three months from the date of preliminary examination and announcement of the trademark, if no one raises an objection or the objection is ruled to be untenable, the trademark will enter the approval registration announcement process and certification process; if the objection is ruled to be established, the trademark will be The Trademark Office will reject the trademark application.
How to conduct a trademark search
Before submitting an application for trademark registration, you should conduct a search for prior rights
In addition to the requirements for distinctiveness and prohibition clauses, " Article 17 of the Trademark Law also requires that the trademark applied for registration shall not be identical or similar to a trademark that has been registered or preliminarily approved by others on the same or similar goods, otherwise the Trademark Office will reject the application. This is what we mean by saying that the trademark applied for registration must not conflict with the prior trademark rights. Whether there is a conflict depends on whether the goods for which the trademark applied for registration and the trademark with prior rights are designated are of the same or similar type, and whether the two trademarks are identical or similar based on the overall structure, pronunciation and meaning of the trademark.
Identical trademarks refer to trademarks whose words, graphics, or combinations thereof are visually indistinguishable or slightly different.
Similar trademarks refer to trademarks whose words, graphics, or combinations thereof have certain differences in pronunciation, meaning, or overall structure, but are difficult to distinguish and may easily cause confusion among consumers.
Whether they are the same product is judged based on the degree of similarity in functions, uses, performance, raw materials, etc. of the product. Generally speaking, if the name is the same or if the name is different but the product refers to the same product, it is naturally the same product. If the raw materials and appearance of the goods are different, but the two are essentially the same based on the sales purpose and other circumstances, they are also regarded as the same kind of goods.
Two or more goods have certain similarities in their functions, uses, raw materials used, sales places, etc. If the same or similar trademarks are used, it may easily lead to misunderstanding and mistaken purchase by consumers. , causing consumers to mistakenly think that the goods are produced by the same company and are similar goods. It should be noted that the similarity of products is constantly changing. With the continuous updating of products, the continuous changes in product uses and sales channels, products that were not originally classified as similar may now be classified as similar.
The above is the process for companies to apply for trademark registration provided by the editor. I hope it can be helpful to everyone.
People who read? Company application for trademark registration process? also read:
1. Company trademark registration process
2. Individual trademark registration process
3. 2016 trademark registration process
4. Individual trademark registration process Process
5. Personal trademark registration process and fees
6. How a company registers a trademark
7. International trademark registration specific process
8. How to register a company trademark in 2016
9. Trademark registration process and fee standards
10. How to register a company trademark Bajie: China's leading trademark transaction brand trademark transfer. Focusing on trademark transfer and trademark registration agency services for 14 years, the number of trademark registration and transfers is far ahead in the country! Trademark registration is convenient and the trademark transfer process is smooth. When buying and selling trademarks, go to Bajie! The service scope covers Beijing, Shanghai, Guangzhou, Shenzhen, Tianjin, and Zhengzhou , Hangzhou, Nanjing, Jinan, Chongqing, Qingdao, Dalian, Ningbo, Xiamen, Chengdu, Wuhan, Harbin, Shenyang, Xi'an, Changchun, Changsha, Fuzhou, Shijiazhuang, Suzhou, Foshan, Dongguan, Wuxi, Yantai, Taiyuan, Hefei, Nanchang , Nanning, Kunming, Wenzhou, Tangshan, Zibo and other places. Consultation hotline:. Trademark registration