Does it cost to apply for trademark protection? How much does it cost? Let’s take a look at the “Trademark Protection Fees” brought to you by the editor below. Maybe you need it.

Trademark protection fee items and standards

Trademark business fee items and standard number, business name fee standard preparation notes

1. Acceptance of trademark registration fee 1,000, limited to 10 in this category Product names and service items, more than 10 (excluding 10), for each more than one, an additional 100 yuan will be charged.

2. The collective trademark registration fee is RMB 3,000.

3. The certification trademark registration fee is RMB 3,000.

4. The reissue trademark registration certificate fee is RMB 1,000, including loss of publication. Declaration fee

5. Acceptance of transfer of registered trademark fee 1,000

6. Acceptance of trademark renewal registration fee 2,000

7. Acceptance of renewal registration delay fee of 500

8. Trademark review fee 1,500

9. Trademark review extension fee 500

10. Trademark opposition fee 1,000

11. Change fee 500

12. Fee for issuing trademark certification 100

13. Fee for cancellation of trademark 1,000

14. Fee for accepting and recognizing a well-known trademark 5,000

What legal significance does identifying a well-known trademark have in strengthening trademark protection?

Once a trademark is recognized as a well-known trademark, it will be legally The protection of trademarks has been strengthened, mainly reflected in the following aspects:

First, it can protect the unregistered trademarks used by the rights holders from malicious registration by others and effectively prevent the occurrence of infringements during use. ;

Second, it can effectively prevent others from applying for registration or using trademarks that are identical or similar to well-known trademarks on different or non-similar goods, prevent the dilution or weakening of well-known trademarks, and expand the exclusive use of registered trademarks. The scope of protection of the right; for registered trademarks, from the date of trademark registration, the holder of a well-known trademark or an interested party may request the Trademark Review and Adjudication Committee to rule on the cancellation of the registered trademark; for cases registered in bad faith, the owner of a well-known trademark shall not be subject to a five-year The time limit;

Third, once an act of counterfeiting or infringement of a well-known trademark occurs, the industrial and commercial administrative law enforcement department can quickly file a case, characterize it, investigate and deal with it in a timely manner, and enjoy special protection that is more direct and effective than ordinary trademarks;

Fourth, it can be used as an important reference factor in determining the amount of compensation in trademark infringement litigation. Because the more famous a trademark is, the greater the damage it may suffer;

Fifth, in terms of criminal cases of counterfeiting registered trademarks and counterfeiting registered trademark logos, the "Supreme People's Court, Supreme People's Court, and Supreme People's Court" issued in November 2004 In the Interpretation of the People's Procuratorate on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Intellectual Property Infringement, although no special provisions are made for cases of infringement of well-known trademarks, the interpretation does not include infringement of well-known trademarks or general registered trademarks. For crimes, the sentencing standard is mainly based on the illegal business volume or illegal gains of the infringement. This means that the protection of well-known trademarks has been strengthened. Because well-known trademarks have much greater value than ordinary trademarks, infringement of well-known trademarks can easily exceed the amount stipulated in the "Interpretation" and reach the standards for prosecution and conviction. Therefore, this helps to lower the threshold for prosecution of well-known trademarks;

Sixth, it is helpful to resist the behavior of others registering well-known trademarks as business names. The trademark owner believes that others use their well-known trademarks as business names. If the registration may deceive the public or cause misunderstanding to the public, you may apply to the competent authority for enterprise name registration to cancel the registration of the enterprise name. The competent authority for enterprise name registration shall handle the matter in accordance with the "Enterprise Name Registration Management Regulations". In this way, the problem of conflict between the trademark name and the enterprise name can be solved (see Article 53 of the Regulations);

The seventh is to fight against others' behavior of registering well-known trademarks as domain names. Ordinary trademarks In a conflict with a domain name, if the trademark owner is the plaintiff, the court must determine that the domain name registrant (defendant) has used the domain name to conduct e-commerce transactions of related goods; for well-known trademarks, this factor does not need to be considered.

Article 4(2) of the June 2001 "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Civil Disputes Involving Computer Network Domain Names" stipulates that the defendant's domain name or its main part constitutes a copy, imitation, or translation of the plaintiff's well-known trademark or transliteration? constitutes infringement or unfair competition.

Eight, well-known trademarks are protected worldwide as an internationally accepted legal concept. When a well-known trademark recognized and protected by the Chinese competent authorities is infringed in any member state of the World Intellectual Property Organization or the World Trade Organization, in accordance with the provisions of the Paris Convention and the TRIPS Agreement, as long as the owner of the well-known trademark files a request for protection, The record of being protected as a well-known trademark in China will also be a factor that the competent authorities of that country should consider when determining whether the trademark is well-known. This will play an important role in encouraging companies with well-known trademarks to implement the "going global" strategy, establish a "Made in China" image, and explore overseas markets, especially for companies with well-known trademarks to safeguard their trademark rights overseas.

What are the provisions for the protection of well-known trademarks not registered in my country, and how to protect them?

1. Provisions for the protection of well-known trademarks not registered in my country

《 Article 13, Paragraph 1 of the Trademark Law stipulates the protection of well-known trademarks that have not been registered in my country, that is, a trademark applied for registration for the same or similar goods is a copy, imitation or translation of someone else’s well-known trademark that has not been registered in China, which can easily lead to confusion. , will not be registered and prohibited from use.

2. How to protect

According to Article 13, paragraph 1, of the Trademark Law, the protection of well-known trademarks that have not been registered in China is limited to identical or similar goods or services. This provision does not apply to goods or services that are not identical or similar; as for those trademarks applied for registration for identical or similar goods that copy trademarks that have been registered in China, it is obviously an infringement of the exclusive right to register a trademark, and it is not Problem to be solved here. From the perspective of specific behaviors, infringement of well-known trademarks that have not been registered in China is manifested in copying, imitating or translating other people's well-known trademarks that have not been registered in China, which is likely to cause confusion. Copying refers to copying or copying well-known trademarks. To make a trademark, imitation refers to making it in the shape of a well-known trademark, and translation refers to translating a word trademark from one language into another language; a trademark applied for registration on the same or similar goods or services is a copy, imitation, or translation of a trademark that has not been used by others. If a well-known trademark registered in China is likely to cause confusion, it is an infringement of the exclusive right to use a well-known trademark, and the competent authority will not register it and prohibit its use.

There have been many examples of protecting unregistered trademarks in my country. For example, the Trademark Office canceled the Zhangjiagang Dairy No. 1 Dairy Factory’s preemptive registration in the same country at the request of Italian Ferrero S.A. (Ferrero for short). The "Ferrero Rocher" and "Picture" trademarks on the product (chocolate). Ferrero is one of the four largest chocolate manufacturers in the world, and its "FERREOROCHER" and "Picture" trademarks have high visibility in the world (including China). In 1986, the trademark was registered in China, and its products began to enter the Chinese market and used "金沙" Chinese characters and graphics on their products, but they were not registered. Zhangjiagang No.1 Dairy Factory registered the trademarks "Jinsha" and "Picture" in the 30th category of "chocolate" and "candy" products in 1992. The Trademark Office believes that Ferrero's trademark is a well-known trademark. This trademark has been registered and used by others on the same or similar goods, which can easily cause confusion and misunderstanding among consumers. According to the Paris Convention, Zhangjiagang Dairy No. 1 Dairy Factory's trademark "Jinsha" The registration of trademarks with pictures and pictures will not be approved. Similar cases of protecting unregistered well-known trademarks include "Freon", "Jeep", etc.

The above is the "Trademark Protection Cost" provided by the editor. I hope you will like it!

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