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Product trademark registration process
Product trademark registration process

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I. Brief description

If a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark for its goods or services in production and business activities, it shall apply to the Trademark Office for trademark registration. There are 45 categories of goods and services registered by trademarks, including 34 categories of goods and 1 1 services. Designate the trademarks used for commodities as commodity trademarks and the trademarks used for services as service trademarks.

Second, the way to deal with it.

There are two ways to apply for registration of a commodity trademark or a service trademark:

(1) Entrusting a trademark agency registered in the Trademark Office.

(2) The applicant shall go directly to the Trademark Registration Hall of the Trademark Office (the applicant may also go to the Trademark Office of Zhongguancun National Independent Innovation Demonstration Zone in the registration hall on the second floor of Beijing Administration for Industry and Commerce, No.36 Suzhou Street, Haidian District, Beijing).

Third, the processing steps

(1) Where a trademark agency is entrusted, the applicant may voluntarily choose any trademark agency registered in the Trademark Office to handle it. All trademark agencies registered in the Trademark Office are published in the column of "Agencies".

(2) If the applicant goes directly to the trademark registration hall of the Trademark Office, he can go through the following steps:

Inquire before applying for trademark registration (optional procedure) → prepare the application → submit the application in the acceptance window of the trademark registration hall → confirm the application in the coding window → pay the trademark registration fee in the payment window → receive the fee receipt.

After the applicant receives the receipt, the application for trademark registration is completed. The Trademark Office will issue various documents to applicants. Please refer to the trademark registration flow chart for the trademark registration review procedure. After receiving the Notice of Obtaining a Trademark Registration Certificate, the applicant shall go to the trademark registration hall to obtain a trademark registration certificate.

4. Pre-application investigation (optional procedure)

If the application for trademark registration is rejected, on the one hand, the applicant will lose the trademark registration fee, on the other hand, it will take time to reapply for trademark registration, and it is still unknown whether the reapplication can be approved for registration. Therefore, before applying for a registered trademark, the applicant had better make a trademark inquiry, know the prior rights, and make a judgment according to the inquiry results before submitting the application.

Verb (abbreviation of verb) Preparation of trademark registration application documents

To apply for trademark registration, the following documents shall be submitted:

(1) Application for trademark registration

1. Each application for trademark registration shall submit 1 application for trademark registration to the Trademark Office.

2. The application for trademark registration can be in paper form or data message form. In paper form, it shall be typed or printed. If you apply by data message, please refer to the relevant provisions of online application for specific requirements.

3. If the applicant is a legal person or other organization, it shall affix its official seal at the position specified in the application; If the applicant is a natural person, it shall be signed by the applicant in a designated place with a pen or signature pen.

4. If you apply for trademark registration in Taiwan Province Province and claim the priority in Taiwan Province Province, you shall apply for an application for trademark registration in Taiwan Province Province.

5. Please refer to the instructions attached to the application for trademark registration for the filling requirements of the application for trademark registration.

(2) A copy of the applicant's identity certificate.

1. If the applicant is a domestic legal person or other organization, it shall submit copies of valid certificates such as business license, legal person certificate of legal person registration certificate, public institution, legal person certificate of social organization, practice certificate of law firm and practice license of medical institution. School license, periodical certificate, organization code certificate and other documents can not be used as the applicant's identity documents.

2. If the applicant is a domestic natural person, it shall submit a copy of valid identity documents such as ID card, passport and household registration certificate, as well as a copy of business license of individual industrial and commercial households or a copy of rural land contract. The scope of goods and services that a natural person applies for trademark registration shall be limited to the business scope approved by its business license or relevant registration documents, or to the self-operated agricultural and sideline products.

3. If the applicant is a legal person or other organization from Hongkong, Macau, Taiwan Province or abroad, a copy of the registration certificate of the region or country to which it belongs shall be submitted. Copies of the registration certificates of foreign enterprises' offices and resident representative offices in China are invalid. If the above documents are in foreign languages, a Chinese translation shall be attached; If it is not attached, it shall be deemed that the document has not been submitted.

4. If the applicant is a natural person from Hong Kong, Macao and Taiwan and handles it by himself, submit a copy of the pass; If the applicant is a foreign natural person and handles it on his own, he shall submit a copy of his passport and a foreigner's permanent residence permit, foreigner's residence permit or foreigner's residence permit valid for more than one year issued by the public security department.

(3) Where a trademark agency is entrusted, a Power of Attorney for Trademark Agency shall be submitted.

1. The trademark power of attorney shall specify the agency content and authority.

2. If the applicant is a foreigner or a foreign enterprise, the trademark power of attorney shall specify the nationality of the applicant.

3. The notarization and authentication procedures of the trademark power of attorney and relevant certification documents of foreigners or foreign enterprises shall be handled in accordance with the principle of reciprocity.

(four) if there is a manager directly, a copy of the identity certificate of the manager shall be submitted.

(5) Trademark pattern

1. Each trademark registration application shall submit 1 trademark pattern. Where an application for trademark registration is made by color combination or colored pattern, the colored pattern shall be submitted, and a 1 black and white manuscript shall be submitted; If no color is specified, a black and white pattern shall be submitted.

2. The trademark pattern must be clear and easy to paste, printed on bright and durable paper or replaced by photos, with the length and width not exceeding 10 cm and not less than 5 cm. The trademark pattern shall be pasted at the designated place where the trademark registration is applied.

3. When applying for trademark registration, the three-dimensional mark shall be declared in the application, and the way of using the trademark shall be explained in the column of "Trademark Description" in the application for trademark registration. The applicant shall submit a pattern that can determine the three-dimensional shape, and the trademark pattern shall contain at least three views.

4. Where an application for trademark registration is made in the form of color combination, it shall be declared in the application, and a text description shall be given in the column of "Trademark Description" in the application for trademark registration, explaining the color code and the purpose of the trademark.

5. Where an application for trademark registration is made by using a sound mark, it shall be declared in the application, and the sound trademark shall be explained in the trademark pattern box, and at the same time, a sound sample that meets the requirements shall be submitted, and the use mode of the trademark shall be explained in the "Trademark Description" column of the application for trademark registration.

(1) Description of the sound trademark. The sound of applying for a trademark shall be described by staff or symbols, with a text description; What can't be described by staff or notation should be described by words.

(2) Requirements for sound samples:

(1) Where an application for registration of a sound trademark is submitted in paper form, the audio file of the sound sample shall be stored on a CD, and there can only be one audio file on the CD. Where an application for registration of a sound trademark is submitted by data message, the sound sample shall be uploaded correctly as required.

② The audio file of sound samples should be less than 5MB, and the format is wav or mp3.

(3) The trademark description should be consistent with the sound sample.

(6) Where the right of priority is claimed, a written statement shall be submitted at the same time or within three months from the date of application, and documents proving the right of priority shall be attached, including the original and Chinese translation. If the country/region of application/exhibition, date of application/exhibition, application number and other columns are not specified, it shall be deemed that priority has not been claimed. If the priority certificate is not submitted within the time limit, or the submission is incomplete, or the certificate is insufficient to prove that it enjoys the priority, the priority is invalid.

(seven) to apply for the registration of another person's portrait as a trademark design, it shall make an explanation, and attach the power of attorney of the portrait person, which has been notarized. The notarial certificate shall include the portrait of the portrait person. A natural person, a legal person or any other organization applies for the registration of another person's portrait as a trademark design. If the portrait person dies, a notarial certificate that the applicant has the right to dispose of the portrait shall be attached. The notarial certificate shall include the portrait of the portrait person.

If a natural person applies for the registration of his portrait as a trademark design, it shall be explained, and a notarial certificate may not be attached.

(8) If the documents, certificates and evidential materials submitted by the applicant are in foreign languages, a Chinese translation shall be attached; If it is not attached, it shall be deemed that certificates, certification documents or evidential materials have not been submitted.

(9) When a natural person in Chinese mainland applies for trademark registration, he shall not only submit the application for trademark registration, trademark design and other materials as required, but also pay attention to the requirements of the notice for natural persons to apply for trademark registration. Details are as follows:

According to Article 4 of the Trademark Law of People's Republic of China (PRC), if a natural person, legal person or other organization needs to obtain the exclusive right to use a trademark in its production and business activities, it shall apply to the Trademark Office for trademark registration. The provisions of this Law on commodity trademarks shall apply to service trademarks. When applying for trademark registration and transfer in the name of a natural person, in addition to submitting the application for trademark registration, trademark patterns and other materials in accordance with the relevant provisions, the following matters should also be noted:

1. Individual industrial and commercial households may apply for trademark registration in the name of the applicant or in the name of the person in charge of licensing registration. When applying in the name of the person in charge, copies of the following materials shall be submitted:

(a) the identity card of the person in charge;

(2) Business license.

2. Rural contracted business households may file an application for trademark registration in the name of the contractor, and a copy of the following materials shall be submitted when applying:

(1) Appointment ID card

(2) the contract.

3. Other natural persons authorized to engage in business activities according to law may file an application for trademark registration in the name of the business operator published in the registration documents issued by the relevant administrative authorities, and shall submit copies of the following materials when applying:

(a) the identity card of the camper;

(2) the closing registration document issued by the competent administrative organ.

4. The scope of goods and services that a natural person applies for trademark registration is limited to the business scope approved by its business license or relevant registration documents, or to the self-operated agricultural and sideline products.

From 20 13, some provinces and cities that have carried out the pilot reform of the commercial registration system began to try out the new version of the business license for individual industrial and commercial households. The new version of the business license for individual industrial and commercial households no longer records the business scope information, but sets up an "important tip" column, which states that the business scope of the commercial subject is determined by the application, and the specific information can be inquired on the information platform designated by the registration authority. Where the trademark registration application document containing the above-mentioned new copy of the business license of individual industrial and commercial households is handled by itself in the trademark registration hall, it shall also submit the certification materials related to the business scope, which are confirmed by the applicant's signature or seal and downloaded and printed from the website designated by the registration authority; Where a trademark agency is entrusted to act as an agent, it shall also submit authentic and valid certification materials about the business scope confirmed by the seal of the trademark agency and downloaded and printed from the website designated by the registration authority.

The Trademark Office shall not accept an application for trademark registration that does not conform to the provisions of Article 4 of the Trademark Law.

Where the applicant provides false materials to obtain trademark registration, the Trademark Office shall revoke the registered trademark.

The intransitive verb pays the trademark registration fee.

Please refer to the relevant instructions for the amount and method of payment of the trademark registration fee.

VII. Procedures for applying for trademark registration (non-essential procedures)

If the application procedures for trademark registration are complete, the application documents are complete and the payment of fees meets the requirements, the Trademark Office will accept it and notify the applicant in writing; If the application procedures are incomplete, the application documents are not filled in as required or the fees are not paid, the Trademark Office will not accept the application, and notify the applicant in writing and explain the reasons. Where the application procedures are basically complete or the application documents basically meet the requirements, but need to be corrected, the Trademark Office shall notify the applicant to make corrections, and limit him to make corrections according to the specified contents and return them to the Trademark Office within 30 days from the date of receiving the notice. If it is corrected and returned to the Trademark Office within the prescribed time limit, the date of application shall be retained; If it fails to make corrections within the time limit or fails to make corrections as required, the Trademark Office will not accept it and notify the applicant in writing.

Eight, the substantive examination procedure of trademark registration application

The Trademark Office shall examine the accepted applications for trademark registration in accordance with the relevant provisions of the Trademark Law, preliminarily examine and approve the applications for registration that meet the requirements or use trademarks on some designated commodities, and make an announcement; If some applications for trademark registration of designated commodities do not meet the requirements or some applications for trademark registration of designated commodities do not meet the requirements, the application for trademark registration of designated commodities shall be rejected or rejected, and the applicant shall be notified in writing and the reasons shall be explained.

Nine, matters needing attention

(1) The Notice of Acceptance of Registration Application only indicates that the application for trademark registration has been accepted by the Trademark Office, but it does not mean that the application has been approved.

(2) If the application for trademark registration is rejected, the applicant may apply to the Trademark Review and Adjudication Board for reexamination within 15 days after receiving the notice of rejection.

(3) Where an objection is raised to the trademark applied for registration, and the applicant (i.e. the objector) refuses to accept the decision of the Trademark Office not to register, he may apply to the Trademark Review and Adjudication Board for reexamination within 15 days from the date of receiving the notice.

(4) Where a trademark is not registered after the application is filed but before the registration is approved, it must still be used as an unregistered trademark. Where the use of a trademark infringes upon the exclusive right of others to use a trademark, it shall not affect the investigation and punishment of the act by the relevant administrative authorities for industry and commerce.

(5) The period of validity of a registered trademark is 10 years, counting from the date of approval of registration. Where a registered trademark needs to be used continuously after its expiration, the trademark registrant shall go through the renewal procedures within 02 months before the expiration. If the trademark registrant fails to handle it within the time limit, it may file it within a grace period of six months after the expiration, but it shall pay a late fee for accepting the renewal of registration. If no application for renewal is made after the expiration of the extension period, the Trademark Office will cancel the registered trademark, and the original registrant must re-apply for registration if he wants to continue to have the exclusive right to use the trademark.

The above contents were revised in May 20 14. If there is any change in the future, or it is inconsistent with the requirements of the receptionist in the trademark registration hall, the requirements of the receptionist shall prevail.