Trademark Online Application Trial Methods

In order to speed up the e-government construction of the Trademark Office of the State Administration for Industry and Commerce (hereinafter referred to as the Trademark Office) and ensure the smooth progress of trademark online application trial, according to the "China These Measures are specially formulated in accordance with the Trademark Law of the People's Republic of China and its Implementing Regulations.

Chapter 1 Online Application Trial Process

Article 1. Apply for a digital certificate. If a trademark agency submits a trademark application through the trademark online application system, it should first apply for a trademark digital certificate issued by the "SAIC Government Affairs Extranet Identity Authentication Center" (hereinafter referred to as the "CA" center) of the Economic Information Center of the State Administration for Industry and Commerce. Digital certificate holders should properly keep the digital certificate carrier and password, otherwise they will bear the corresponding consequences.

Article 2 Online application steps:

Step 1: Log in with a digital certificate and fill in the application information online.

Step 2: Submit the application.

Step 3: Feedback confirmation. Applicants are strongly recommended to download the page and proofread it offline. If there are any errors, they can be corrected before shutting down the system for the day.

Step 4: Apply online on the next working day, download the application form (PDF format file) from this system, print it on A4 paper, stamp it with the official seal of the trademark agency and submit it to the Trademark Office. If the Trademark Office requires the submission of other relevant application materials, the applicant should submit the relevant application materials together with this application.

Article 3 In order to provide more convenient services, the Trademark Office will continue to modify and improve the online application software and trial process.

Chapter 2 Online Application Requirements

Article 4 Trial agencies should be honest and trustworthy and abide by national regulations. Otherwise, the Trademark Office will cancel its trial qualification.

Article 5 Trial agencies should carefully read the relevant guidelines for online trademark applications and operate in accordance with the requirements of the guidelines.

Article 6 During the online application trial period, the Trademark Office’s online application system will not accept trademarks with priority claims, trademarks in the name of natural persons as applicants, portrait trademarks, certification marks, collective trademarks, and special signs. application.

Article 7 The trial agency should ensure that the trademark image is clear. The graphic file format must be JPG, and the size of the graphic should comply with the provisions of Article 13 of my country's "Regulations on the Implementation of Trademark Law".

Article 8 It is prohibited to send computer viruses to the Trademark Office’s online trademark application system or attack by any means. Those who cause consequences due to computer viruses, network attacks or misoperations shall bear corresponding legal responsibilities and compensate the Trademark Office for any losses suffered thereby.

Chapter 3 Application Notes

Article 9 During the trial period, for online trademark applications, both electronic applications and paper applications need to be submitted, that is: the trial agency submits electronic applications Finally, the corresponding paper application needs to be submitted to the Trademark Office.

Article 10 The paper application form mentioned in Article 9 of these Measures refers to the application form with the application number, barcode and online application logo. The trial agency should download the application form (PDF format) with the application number, barcode and online application logo from the Trademark Office’s online application system, print it on A4 paper and stamp it with the official seal, and then submit it to the Trademark Office. If the Trademark Office requires the submission of other relevant documents, the applicant should submit the documents together with this application. For trademark applications that have been submitted online, paper applications without application numbers, barcodes and online application logos cannot be submitted, otherwise it will be regarded as another application.

Article 11 After submitting the online application, the paper application form specified in Article 9 of these Measures shall be submitted to the Trademark Office on the next working day. The trial agency should submit the paper application form for the online trademark application and the paper application form for the non-online trademark application respectively to the Collection Department of the Trademark Office of the State Administration for Industry and Commerce.

Article 12 After submitting an online application, all application information shall be subject to the records of the Trademark Office’s automated system. The trial agency should ensure that the content of the paper application is consistent with the content of the electronic application.

Article 13 During the trial period, in addition to applications where the Trademark Office requires the submission of relevant documents, after submitting an online application, you only need to submit a printed and signed paper application downloaded from this system.

However, the trial agency should keep all other application materials that need to be submitted in traditional non-online applications, such as a power of attorney, a copy of the applicant's business license, etc. When the Trademark Office needs it, the trial agency should provide it in a timely manner.

In addition to the trademark application, the Trademark Office also requires the submission of relevant application materials, such as trademarks with priority claims, certification marks, collective marks, special signs and other applications that require the submission of relevant application materials (note : These applications are currently not accepted), applicants should submit the relevant application materials together with the printed and signed application form downloaded from this system.

Article 14 If the online application cannot be submitted due to the trial agency, the Trademark Office will not bear any responsibility.

Article 15 When the online application system fails, the Trademark Office will suspend accepting online applications. Online applications are received during working hours, from 8:00 to 16:30. Applications submitted after the reception time will not be accepted by the Trademark Office’s online application system.

Article 16 Due to technical reasons, the daily number of applications for each trial unit is temporarily limited to no more than 10. When conditions mature, the Trademark Office will gradually increase the maximum number of daily applications.

Article 17 After the system is opened, there will be a testing phase, and the trial units are obliged to cooperate with the Trademark Office’s testing work. Otherwise, the Trademark Office will terminate its probationary qualifications.

Article 18 The date when the Trademark Office receives the complete electronic application data shall be the date of application.

Chapter 4 Supplementary Provisions

Article 19 During the online application trial period, trademark agencies that apply online will be charged trademark application acceptance fees according to the existing charging standards and methods.

Article 20 Whether a trademark application in the trial stage is processed online or off-line, the Trademark Office’s financial accounts and invoices will not be distinguished.

Article 21 The trial unit shall not use this trial project to declare a special relationship with the Trademark Office, nor may it engage in behavior that damages the reputation or interests of the Trademark Office.

Article 22 Those who participate in the online application trial shall abide by the provisions of these Measures; except as expressly provided in these Measures, any dispute arising from the online application shall be deemed to have been agreed to be resolved through negotiation only. dispute.

Article 23 Matters not covered in these Measures shall be formulated separately by the Trademark Office; if they have not been formulated, the provisions of the Trademark Law and its Implementing Regulations shall prevail.

Article 24 The final interpretation right of these Measures belongs to the Trademark Office.

Trademark Office of the State Administration for Industry and Commerce

December 26, 2007