What information do you need to prepare for trademark registration? How to register a trademark? I will share with you the information required for trademark registration. You are welcome to read it, it is for reference only!
Required information for trademark registration
1. Register in the name of a company: copy of business license, trademark pattern
2. Register in the name of an individual: identity A copy of the certificate, a copy of the individual industrial and commercial household business license (required), and a trademark pattern
3. Other applicants: Foreigners must provide a copy of their passport; residents of Hong Kong, Macao and Taiwan must provide a valid identity document (passport) , ID card, and return permit are acceptable); Hong Kong companies need to provide company registration certificate and business registration certificate.
Trademark registration process
Trademark registration process 1. Formal review
After formal review, the application procedures are complete and the application documents are filled in in accordance with regulations, the Trademark Office will issue Send a notice of acceptance.
If the application procedures are incomplete or the application documents are not filled in as required, a notice of rejection will be issued and returned, and the application date will not be retained.
If the application procedures are basically complete or the application documents basically meet the regulations, but if supplements and corrections are needed, the Trademark Office will issue a notice of supplements and corrections to the trademark registration application. If the applicant makes corrections within the time limit and returns it to the Trademark Office, the application date will be retained; if the applicant fails to make corrections or makes corrections beyond the time limit, the Trademark Office will issue a notice of rejection and return it, and the application date will not be retained.
Trademark registration process 2. Substantive examination
After the trademark application passes the formal examination, it enters the substantive examination. After substantive examination, any trademark application that complies with the relevant provisions of the Trademark Law will be initially reviewed and approved by the Trademark Office and announced.
If the application is rejected, a rejection notice will be issued to the applicant.
If the Trademark Office believes that the contents of the trademark registration application can be revised, it will issue an examination opinion. If the applicant responds within the time limit, the Trademark Office will continue the examination.
For trademarks that have been preliminarily approved after review, the China Trademark Office will announce them in the "Trademark Announcement".
Within three months from the date of announcement, anyone can file an objection to a trademark initially approved by the China Trademark Office.
If there is no objection or the objection is ruled not to be established, the China Trademark Office will approve the registration, issue a trademark registration certificate, and announce it in the "Trademark Announcement"; if the objection is ruled to be true, the registration will not be approved.
Request for review
During the trademark registration process, if the applicant is dissatisfied with the Trademark Office’s rejection of the trademark registration application, he or she may request a review from the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board will make a final decision on whether to grant registration or not, and notify the applicant in writing. If the party concerned is dissatisfied with the Trademark Office's objection ruling, he or she may request a review from the Trademark Review and Adjudication Board. The Trademark Review and Adjudication Board will make a final decision and notify the parties in writing.
The Importance of Trademark Registration
Trademarks actually play a very important role. Many companies may ignore the importance of trademarks, which results in being accused of not registering a trademark. Other companies rush to register trademarks and make them the property of others. Some people think that everything will be fine after registering with the Industrial and Commercial Bureau. In fact, this is not the case. The registration of a company name and the trademark of a product are separate matters and should not be confused. The company is registered with the Industrial and Commercial Bureau. The name cannot be the same in one place, but the trademark is different. If you have company A in place A, other companies can no longer use the name a, but can use the name b. If both a and b have registered trademarks, then it is illegal for a to use b's trademark, and if a uses b's trademark to advertise, it will also be punished by law.
Some people think that our company’s products are not big brands, so how can they be registered by others? This involves the issue of trademark registration.
In fact, no matter how big or small a brand is, it will have corresponding brand benefits. If this brand is recognized by everyone, then its sales will be guaranteed in the chain across the country and even the world, and everyone will easily accept it.
There is a well-known hot pot brand, Haidilao, which everyone is familiar with. After their staff discovered that a restaurant in Beijing used Tiantian Haidilao for promotion, they took the restaurant to court and received a compensation of 40 RMB. Ten thousand yuan. Some businesses make mistakes because they don’t know about trademark brands. In the above example, they clearly know that there is a brand called Haidilao, and this brand is doing well. They want to use the power of this brand to win profits. This is It's illegal.
Types of trademark registration applicants
(1) Domestic applicants mainly have the following situations
1. Natural persons
Natural persons It is a person's legal title. According to the provisions of the General Principles of Civil Law, natural persons are citizens. From the time of birth to the time of death, a citizen has the capacity for civil rights, enjoys civil rights and assumes civil obligations in accordance with the law. In other words, any citizen of the People's Republic of China has the right to apply for trademark registration; of course, unless otherwise provided by law.
2. Legal person
The definition of "legal person" in the "General Principles of Civil Law" is as follows: an organization that has the capacity for civil rights and civil conduct, and independently enjoys civil rights and assumes civil obligations in accordance with the law. Legal persons include: corporate legal persons, agencies, institutions and social group legal persons.
3. Other organizations
Other organizations refer to organizations such as enterprises, institutions, and social groups that do not have legal person status.
(2) Foreign Applicants
According to the provisions of Articles 17 and 18 of the Trademark Law, foreigners or foreign enterprises shall apply for registration in accordance with the terms signed by their country of origin and my country. You can apply for trademark registration in my country according to an agreement or an international treaty to which both parties are a party, or based on the principle of reciprocity. For foreigners or foreign enterprises who have a habitual residence or business office in China, they will be treated as domestic applicants when handling the application procedures; however, foreigners or foreign enterprises without a habitual residence or business office in China must entrust a state-recognized trademark owner. Organizational agent with agency qualifications.
One thing to note is that although the Trademark Law only mentions that foreigners or foreign enterprises can apply for trademark registration in my country in accordance with relevant regulations, in practice, other foreign organizations can also apply.
(3) ***Same applicant
In addition to a single applicant, according to the provisions of Article 5 of the Trademark Law, two or more natural persons, legal persons or other organizations You can apply to register the same trademark with the Trademark Office at the same time, and you can both enjoy and exercise the exclusive right to use the trademark. All the applicants together can be domestic applicants or all foreign applicants, or you can have both domestic applications. People, there are also foreign applicants.
In practice, when applying for trademark registration and handling other related matters at the my country Trademark Office, applicants from Hong Kong, Macao and Taiwan follow the procedures for “foreign applicants”.
The above is the information I provide you with for trademark registration. I hope it will be helpful to you.
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